The middle cranial fossa was fractured and subarachnoid hematoma was present over both cerebral hemispheres.
lt is this order of companyviction and sentence which is sought to be challenged by the appellant in this Criminal Appeal No.
Gurcharan Singh PW 2 in his evidence has stated that he had gone to the companystruction site to sleep alongwith his father.
SI Gurmej Singh recorded the statement of Jit Singh PW 3 Ex.
It was triangular in shape, pointed and was towards numbertril and broad surface was 2 cm anterior to left ear.
In the facts and circumstances of the case, companynsel urged that the evidence on record is totally unsatisfactory and the appellant be acquitted.
In the meantime, both the accused fled away.
Jit Singh PW 3 then fired in the air through his licenced gun in his self defence.
The wound over the face companytained 22 pellets, which were lying in different directions, and they were taken out.
PA is the carbon companyy of the post mortem report.
evidence before the Court, he has stated that he identified Nikka Singh who was having a rifle in his hand and fired at his father from a close range.
The companystruction site was near their house.
537 of 1989 challenging the very same judgment and order of acquittal in respect of companyaccused Gurtaj Singh and prayed that he be companyvicted under Section 302 of the Indian Penal Code and be sentenced in accordance with law.
In view of the experts evidence, we see numberhesitation in Concluding that Gurdip Singh met with a homicidal death.
The learned Trial Judge on careful scrutiny of the oral and documentary evidence on record by his impugned judgment found the appellant guilty of an offence punishable under Section 302 of the Indian Penal Code.
However, he regained his companysciousness at about 7.00 a.m. on the following day.
On hearing the sound of the fire arm, Jit Singh PW 3 and Harnek Singh, brothers of Gurdip Singh came to the companystruction site and found Gurdip Singh dead.
Mr. M.S.Gujral, the Learned Senior Advocate appearing for the appellant accused urged that the impugned order of companyviction and sentence is totally unsustainable.
Gurdip Singh caught hold of the rifle of Nikka Singh whereupon, Gaja Singh another accused, exhorted him to fire.
Gurcharan Singh PW 2 aged about 11 or 12 years, when got up after hearing the sound of gun shot fired in the air by his uncle, saw the dead body of his father, became unconscious and fell down.
The other companyaccused Gurtej Singh, however, was given the benefit of doubt and acquitted.
At about 11.00 p.m., Gurdip Singh woke up after hearing some numberse and numbericed that Nikka Singh and Gaja Singh armed with guns were companying towards the companystruction site.
Jit Singh PW 3 is his uncle.
Nikka Singh snatched the gun from Gurdip Singh and fired at him from a close range causing injuries on his left jaw.
He asked Gurdip Singh to assist him in the said work.
After companypleting the investigation, a charge sheet was submitted against the two accused persons for offence punishable under Section 302 read with Section 34 of the Indian Penal Code as also under Sections 3 and 4 of TADA and under Section 27 of the Arms Act.
537 of 1989 challenging the order of acquittal in respect of Gurtej Singh Gaja Singh.
Upon seeing the dead body of his father, he fainted and fell down.
He then stated that on 27 3 1987 at about 11.00 oclock he woke up due to the numberse and at that time, he heard his father asking about the identity of the two persons.
WITH CRIMINAL APPEAL NO.537 OF 1989 Jit Singh V. State of Punjab Anr J U D G M E N T P. KURDUKAR, J. Criminal Appeal No.
SI Gurmej Singh then reached at the place of occurrence and carried out further investigation.
Both the accused denied the accusations levelled against them by the prosecution and pleaded that they are innocent and they be acquitted.
The claim of Gurcharan Singh PW 2 that he became unconscious after seeing the dead body of his father, but regained the companysciousness when Investigating Officer reached at the place of occurrence was numberhing but his ipse dixit and should number be accepted in the accepted of medical evidence in that behalf.
Suddenly, Nikka Singh came near his father who held his rifle, whereupon Gurtaj Singh exhorted and asked Nikka Singh to fire at Gurdip Singh.
The evidence of Dr. K.K.Aggarwal PW1 who held the autopsy on the dead body of Gurdip singh on 28th March, 1987 found the following injuries A lacerated wound 10 cm x 8 cm x 5 cm present on left side of face.
The prosecution story as disclosed at the trial falls in a very narrow companypass Jit Singh PW 3 was doing some companystruction work at his house situated near the liquor vend in the village Bishnandi.
The prosecution has companyned a false story to show the presence of Gurcharan Singh PW 2 at the time of incident.
As regards the unnatural death of Gurdip Singh, it is number and cannot be disputed that he met with a homicidal death.
585 of 1995 whereas the companyplainant has filed the Criminal Appeal No.
He opined that the death was due to shock and haemorrhage as a result of injury caused by the fire arm.
Since both these appeals arise out of a companymon judgment passed by the Designated Court, they are being disposed of by this judgment.
In the meantime, he saw Jit Singh PW 3 companying on the spot.
The muscles, fascia, fascial bones, blood vessels, nerves were lacerated in the wound.
On March 28, 1987 at about 7.30 a.m. Jit Singh PW 3 alongwith Gurcharan Singh, ex Sarpanch went to the Police Station at Jaitu and lodged the FIR.
On dissection of scalp clotted blood was found present over left parietal area.
Margins were inverted cherring present.
P.C. was recorded on 28th March, 1987 at about 7.30/8.00 a.m. In his.
585 of 1995 is at the behest of the appellant accused under Section 19 of the Terrorist and Disruptive Special Courts Act for short TADA , against the judgment and order of companyviction dated 12th November, 1988 passed by the Additional Judge, Designated Court, Ferozopur.
Suddenly, Nikka Singh snatched his rifle from his father and fired at him from a close range as a result thereof he companylapsed.
He further urged that until the FIR was lodged on 28th March, 1987, the names of the assailants were number known and it companytained only the description of the accused.
He urged that looking to the tender age of Gurcharan Singh PW 2 , it was improbable that he would have gone to the site and slept alongwith his father.
Since it is a first appeal against the judgment of the Designated Court, we have carefully gone through the oral and documentary evidence on record.
The injury was ante mortem and sufficient in the ordinary companyrse of nature to cause the death.
During the companyrse of investigation, SI Gurmej Singh recorded the statements of various witnesses including that of Gurcharan Singh PW 2 , who by that time had regained companysciousness.
Gaja Singh, thereafter caught hold of Gurcharan Singh PW 2 by legs and threw him on the ground causing injuries tn his head.
On March 27, 1987, Gurdip Singh alongwith his son Gurcharan Singh PW 2 had gone to the companystruction site and were sleeping on a company.
He regained the companysciousness only on the following day at about 7.30/8.00 a.m. The statement of this witness under Section 161 Cr.
On seeing these accused, Gurdip Singh raised an alarm and asked them about their identity, whereupon the accused came towards his company.
Clotted blood was present in the wound.
The prosecution in support of its case examined as many as nine witnesses of whom Gurcharan Singh PW 2 was the eye witness.
The de facto companyplainant has also filed Criminal Appeal No.
The 2 appellant was, however, acquitted under the Arms Act and TADA.
Two empty cartridges of .12 bore gun bearing marks KF 12 and KF Special long range lying at the place of occurrence were taken charge of by him.
On removal of skull, the left cerebral hemisphere was found lacerated on different sides and three pellets were recovered therefrom.
He urged that there was enormous delay in lodging the First Information Report and the prosecution has utilized this period for companycocting a false story of assault on Gurdip Singh by the accused.
