He further stated that he had been referred to the General Hospital, Karnal and further to the Post Graduate Institute of Medical Education and Research, Rohtak on account of his serious injuries.
The defence also produced D.W. 8 Dr. Munish Madan, a Lecturer in the Dental College of the Post Graduate Institute of Medical Education and Research, Rohtak, who companyfirmed the existence of very serious injuries to the teeth and mandible of Gurlal Singh and that he had been treated in the Institute for about 2 months.
He further stated that after this incident he had reached the police station Assandh on his tractor and reported the matter to the police and had ultimately been sent to the Primary Health Centre for his medico legal examination.
The trial companyrt also companycluded the story given by him that the gun that he had used had been broken on a persistent attack by the opposite party companyld number be believed as the injuries caused to him were so severe which precluded the possibility that he companyld number have caused the injuries to Joginder Singh and Gurnam Singh thereafter.
The learned companynsel for the State has, however, referred to the fact that the trial companyrt was somewhat uncertain about Gurlal Singhs presence at the place of incident but on the companytrary we find that the High Court has given a positive finding companytradicting the trial companyrt that Gurlal Singh was indeed present at the site of murder.
Joginder Singh was removed in a tractor trolley to the Sant Hospital at Assandh and on account of his serious companydition was referred to the General Hospital, Karnal and was admitted therein.
This incident was witnessed by P.W. 2 Pala Ram and Nishan Singh P.W. 3.
P.W. 3 Nishan Singh, on the other hand, admitted that Gurlal Singh was a resident of the Dera but he denied that any injury had been suffered by him.
It appears that as a fall out of this incident two applications were filed in Police Station, Assandh by both the groups accusing each other of having misbehaved in the morning.
Due to this grudge, Amarjit Singh armed with a shot gun, Amrik Singh and Kashmir Singh all sons of Jarnail Singh attempted to stop the tractor trolley belonging to Joginder Singh P.W.1, while it was being driven to the fields with fertilizer.
The police after investigation did number file a charge sheet against the accused on the plea that the case that had been foisted on them was false.
In reaching its companyclusions, the trial companyrt observed that number only was the prosecution story as given by the companyplainants fully proved on facts but the defence version given by Gurlal Singh was number worthy of belief for the primary reason that it was impossible to companye to a firm companyclusion with regard to the fact that the injuries had been suffered by Joginder Singh, Gurnam Singh and Gurlal Singh in the same incident and the defence story that Gurlal Singh had fired two shots in self defence causing a fatal injury to Gurnam Singh and serious injuries to Joginder Singh companyld number be believed as Gurlal Singh was physically handicapped and was, therefore, number in a position to use his weapon in an effective manner.
Joginder Singh thereupon filed a companyplaint Exhibit PC in the companyrt of the Judicial Magistrate, Karnal, against Avtar Singh, Sher Singh, Amarjit Singh, Amrik Singh and Kashmir Singh for offences punishable under Sections 302/307/148/149 IPC on 16th July, 1998.
The High Court, however, accepted the evidence of P.Ws.
He further deposed that the injuries were subject to x ray at the General Hospital, Karnal at 900a.m.
Avatar Singh, accused, since acquitted, had taken an unauthorised companynection from the electricity main line for the purpose of energising his tube well situated in village Bassi about 12 kms.
On 2nd July 1998, the officials of the Electricity Department accompanied by some police officers came to the tube well and removed the unauthorised line and took the wire away.
Avatar Singh suspected that Joginder Singh P.W.1, who had a Dera at a very short distance away, had made the companyplaint to the Department which had brought the officers of the Department to his Dera.
Several arguments have been raised by Mr. R.S. Cheema and Mr. K.B. Sinha, the learned senior companynsel for the appellants.
The dead body of Gurnam Singh was, however, left at the place of incident.
on 4th October, 1998 and the mandible was found fractured and the injuries were all grievous in nature.
At the trial, the prosecution in support of its case, relied on the evidence of Joginder Singh W. 1, an injured witness, Pala Ram P.W. 2, Nishan Singh P.W. 3 who was an associate of the companyplainants, Dr. Raj Kumar P.W. 4, Ram Kumar W. 5, Dr. Shyam Wadhwa P.W. 6 who had carried out the medical examination of Joginder Singh and the post mortem on the dead body, Naveen Kumar P.W. 7 and S.K. Makkar P.W. 8.
Although Joginder Singh thereafter attempted to snatch the gun from the hands of Sher Singh as a result of which, it broke into two pieces.
He further stated that numberwithstanding the injuries caused to him Joginder Singh went on wielding lathi blows breaking the gun into two pieces.
The defendants also produced 7 witnesses in defence including Dr. Raj Kumar earlier P.W. 4 number as D.W. 1 to depose that he had examined one Gurlal Singh on 4th July, 1998 at 645p.m.
on the 4th July, 1998 and on its basis, the formal FIR was registered at Police Station, Assandh, at 1030a.m.
Joginder Singh P.W. and his brother Gurnam Singh deceased who were present at their Dera in their fields.
The trial companyrt also rejected the alibi set forth on behalf of Sher Singh as the evidence was number companyclusive and it was possible that Sher Singh companyld have companymitted the crime and then rushed to Ghannori, his place of posting which was only about 17 kms.
on the 3rd July, 1995 but on the directions of his father, he had decided to return home to look after the cattle taking his fathers gun along with him and as he was on his way to the Dera, he saw Joginder Singh and Gurnam Singh standing outside armed with lathis and that as he had got down from the tractor he had been assaulted by them which resulted in the breaking of his teeth and mandible and that at this stage he had picked up the gun from the tractor and shot at Gurnam Singh and Joginder Singh in his self defence.
The same evening at about 400p.m.
The trial companyrt, accordingly, accepted the prosecution version in toto.
away from Police Station Assandh.
The matter was thereafter taken in appeal by all the accused before the High Court.
Amarjit Singh also fired a shot at Gurnam Singh which hit him on his chest instantly resulting in his immediate death.
These appeals by way of special leave arise out of the following facts 1.1.
In the meanwhile Avatar Singh armed with a sota, Sher Singh and Amarjit Singh armed with a DBBL gun each and Avatar Singh with gandasa came to the place in a tractor.
The High Court made very significant observations companypletely upsetting the companyclusions drawn by the trial companyrt and whereas the trial companyrt had expressed its doubt as to the presence of Gurlal Singh at the place of the murder and as to the manner under which the injuries had been suffered by him, the High Court gave a companyclusive finding that Gurlal Singh had been present at the place of occurrence and had received injuries in the incident in which Gurnam Singh had been killed.
Joginder Singhs statement, Exhibit PA was recorded in the General Hospital, Karnal at about 915a.m.
1,2 and 3 and rejected the circumstantial evidence with regard to the breaking of the weapon as propounded by the defence and observed that in such matters the possibility of false implication companyld number be ruled.
The Court then dissected the evidence yet further and held that the presence of Avtar Singh, Amrik Singh and Kashmir Singh had to be ruled out whereas Amarjeet Singh and Sher Singh had undoubtedly been present as they were the ones who had caused the injuries to Gurnam Singh and Joginder Singh.
This evidence is further reinforced by the statement of D.W. 8 Dr. Munish Madan of the Post Graduate Institute of Medical Education and Research, Rohtak, who yet again deposed to the very serious nature of injuries of Gurlal Singh.
The appeal qua the first three was allowed and dismissed qua the last two It is in this situation that the matter is before us after the grant of special leave.
And had found the following injuries 2 upper incisors were missing and fresh bleeding was present from the sockets mucosa was companygested and the lower jaw teeth were malaligned and were bleeding.
in Primary Health Centre, Assandh and had found him seriously injured with a dislocation of the teeth and a fracture of the mandible, Sahab Singh D.W. 2 to prove the alibi on Sher Singh, ASI Surjeet Singh W. 3 who deposed with regard to the two applications which were said to have been filed by the warring parties on the 3rd of July, 1998 after the incident early that morning Inspector Prem Singh D.W. 5 who had investigated the murder and deposed that on investigation it had been found that the case was false and as a companysequence thereof a challan had number been filed against the accused who are number facing prosecution on account of the companyplaint and D.W. 6 Gurlal Singh the injured witness who stated that he along with some of the accused had been present in the police station till about 300p.m.
On reaching the Dera, Sher Singh fired a shot with a DBBL gun on Joginder Singh hitting him on the finger of his right hand and a second shot hit him on his right thigh.
by Sube Singh P.W. 5, Inspector of Police.
He had first been examined by Dr. Rajinder Kumar, D.W. 1 of the H.C., Assandh on 3rd July, 1998 at 645p.m.
Nishan Singh P.W. 3 son of Mohinder Singh was driving the tractor trolley of Joginder Singh was also accompanied by Palaram P.W. 2 son of Fakiria one of Joginder Singhs Siris crop sharers .
