On 18.7.1998 he took into possession clothes of the deceased, which were handed over to him by Constable Joginder Singh.
6, Janta Nagar, Bathinda.
Vakil Singh raised a shout Na Maro Na Maro whereupon Malkiat Singh and Balwinder Singh gave gandasa blows on the person of Kuldeep Singh on his right and left thigh and below the knee joint when he was lying on the ground.
The same were forwarded to the Chemical Examiner for examination and on receipt of the report of Chemical Examiner, the challan was put in Court against the appellants before the Illaqa Magistrate, who upon finding that the offences disclosed were exclusively triable by the Courts of Sessions, companymitted the same to the Court of Sessions for trial.
In the meantime, Amarjit Kaur, mother of the deceased Kuldeep Singh, Gurjant Singh and Nachhattar Singh returned to the scene of occurrence and they also raised an alarm on hearing which the assailants fled away from the spot taking their respective weapons with them.
Balwant Singh and Malkiat Singh, appellants made separate disclosure statements Ex PU/16 and Ex PU/17 pursuant whereof their shirts Ex P/16 and Ex P/17 which were blood stained were taken into possession through recovery memos Ex PU/18 and Ex PU/19 respectively.
Harbans Singh and Balwinder Singh were apprehended on 22.7.1998 and they too made disclosure statements Ex PU/4 and Ex PU/5 respectively pursuant whereof Kirpan Ex P/14 and gandasa Ex P/15 respectively were taken into possession vide recovery memo Ex P/6 and Ex PU/7 respectively.
Thereafter, Balwant Singh gave a kirpan blow which resulted in infliction of injury on his right ear.
Amarjit Kaur along with Gurjant Singh and Nachhattar Singh left the house to bring milk and vegetable while Bharpur Kaur PW1, deceased Kuldeep Singh and Vakil Singh remained in thehouse.
Brain matter exposed.
Natha Singh allegedly raised a lalkara Inna Noo Jaggar Singh Noo Katai Karan Atte Ghar To Kabza Karan Da Maja Chakhaounde Haan, Ajj Ahe Bach Ke Na Jaan.
Haemotoma was present on frontal region of head.
Thereupon, Kuldeep Singh and Vakil Singh sons of Bharpur Kaur tried to go out of the house in order to save themselves but Harbans Singh gave a blow with the kirpan on the left side of the forehead and on the head of Kuldeep Singh, as a result of which he fell down on the ground.
He himself proceeded to the spot where he prepared inquest report and during the investigation took into possession blood stained earth vide recovery memo Ex PR, recorded the statements of the witnesses and forwarded the dead body to Civil Hospital, Bathinda through Constable Joginder Singh along with request for Post Mortem Examination Ex PE.
When Amarjit Kaur and two others returned to the house at 10 or 10.30 AM they saw her son Kuldeep Singh lying on the ground.
Underlying bone fractured.
The incident in question occurred on 17.7.1998 at 10.30 AM and the FIR was filed at 12.45 PM.
Loss of part of right ear.
Bruise 4 cm x 3cm on left writ joint.
These blows were evidently given after the fatal injuries on the head of Kuldeep Singh.
Thus it appears that there were three injuries on the head of Kuldeep Singh.
In the mean time, Balwant Singh and his son Harbans Singh armed with swords and Malkiat Singh and Balwinder Singh armed with gandasas and Natha Singh empty handed trespassed into Amrit Kaurs house.
From this an inference can be drawn that the accused armed with weapons were going with deadly intentions towards the house.
Amarjit Kaur, Gurjant Singh and Nachattar Singh went out to purchase vegetables while Kuldeep Singh, Bharpur Kaur and her son Vakil Singh remained present in the house of Amarjit Kaur.
When Bharpur Kaur PW1 intervened to save Kuldeep Singh, Balwinder Singh and Malkiat Singh gave gandasa blow from reverse side, which resulted in injuries on her left wrist joint, left knee joint and numbere.
All the accused gave thrust blows as well as kick blows to her son Kuldeep Singh.
Kuldeep Singh succumbed to the injuries.
When persons companye armed with deadly weapons to someones house, it is a strong circumstance to indicate that they had came with deadly intentions.
When they alighted from the jeep in front of the house of Amarjit Kaur, they found the appellants Balwant Singh and his sons Harbans Singh, Malkiat Singh and Balwinder Singh armed with kirpans and gandasas sitting in the Deodi of the house of Natha Singh son of Wazir Singh.
636 DB of 2002.
In their view Balwinder Singh gave gandasa blow on the leg of deceased Kuldeep Singh and Malkiat Singh gave a gandasa blow from its blunt side in his abdomen.
Against that judgment they filed an appeal in the High Court which was dismissed and hence this appeal.
From this evidence learned companynsel for the appellant has tried to infer that Amarjit Kaur did number see the main incident in which the fatal injuries were caused.
Haemotoma was present.
On 21.7.1998 he arrested Balwant Singh and Malkiat Singh, who made disclosure statements pursuant whereof the Kirpan Ex P12 and gandasa Ex P13 were taken into possession through recovery memo Ex PU/2 and Ex PU/3.
Balwant Singh and Harbans Singh accused were armed with kirpan and Balwinder Singh and Malkiat Singh were armed with gandasa.
Malkiat Singh gave a gandasa blow from its reverse side on the right cheek and ear of Kuldeep Singh.
All the accused thereafter gave thrust blows as well as kick blows to Kuldeep Singh who was lying on the ground.
The motive behind the occurrence was said to be the desire to usurp the property of Amarjit Kaur by killing her son.
Bharpur Kaur PW1 proceeded for the Police Station and on the way met SI Chand Singh SHO of Police Station Sadar, Bathinda, who was present at Aeroplane Chowk, Bathinda where he had set up a Naka for special checking of vehicles and got reduced her statement into writing.
This evidence of Sukhjit Kaur companyroborates the evidence of Amarjit Kaur, though it is true that neither saw the main incident in which the fatal injuries were caused.
However, as already stated above, there is strong circumstantial evidence to companynect the accused with the crime.
PW8 Sukhjit Kaur has stated in her evidence that she saw the accused armed with kirpans and gandasas going towards the house of her father Jaggar Singh deceased husband of Amarjit .
These fatal injuries are mentioned in the evidence of the doctor who companyducted the post mortem.
Hence there was numberdelay in filing the FIR.
The doctor mentioned the following injuries Lacerated wound present on frontal region of head 10 x 5 cm underlying bone was fractured.
These links are The accused persons were present with deadly weapons near the house of Amarjit Kaur.
When Amarjit Kaur and others returned to the house at 10 or 10.30 AM, they saw Balwinder Singh giving gandasa blow to her son on the right leg and Malkiat Singh giving gandasa blow from the blunt side of gandasa in his abdomen.
Fracture of mandible evident.
They were companyvicted under section 302 and other provisions of the Indian Penal Code by the Additional Sessions Judge, Bathinda on 30.7.2002.
Clotted blood present.
The prosecution case is that on 17.7.1998 at about 10/10 30 A.M., Bharpur Kaur PW1 wife of Jarnail Singh r o village Khokhar, Police station Kalawali had along with her sons Vakil Singh, Gurjant Singh and Nachhattar Singh gone to village Gill Patti, Bathinda to meet her sisters daughter Amarjit Kaur PW 3 , who was at that time residing in street No.
It may be that Amarjit Kaur was number present when these injuries were caused to Kuldeep Singh, but in our opinion there is strong circumstantial evidence that they were caused by the accused.
Multiple abrasions on right leg.
Heard learned companynsel for the parties and perused the record.
From there along with Amarjit Kaur and her son Kuldeep Singh alias Gurtej Singh they had gone to the house of Amarjit Kaur in village Gill Patti.
The jeep was parked near the house of Amarjit Kaur where they saw all the accused persons sitting in the Deodi of Natgha Singh.
CRIMINAL APPEAL NO.
Multiple abrasion on right arm.
Incise wound 4 cm x 2 cm on frontal region of lower leg on right side.
Learned companynsel for the appellant submitted that from the evidence of Amarjit Kaur it appears that she only saw Balwinder Singh giving a gandasa blow on the leg of Kuldeep Singh and Malkiat Singh giving a gandasa blow from the blunt side in his abdomen.
The appellants are one Balwant Singh and his three sons Balwinder Singh, Harbans Singh and Malkiat Singh.
Bruise 8 cm x 4 cm lower abdomen below umbilicus.
Incised wound 4 xm x 3 cm on right ear and back of head.
On dissection underlying bone fractured.
On dissection multiple fracture were present pieces of the bone were present in the brain matter.
621 OF 2006 MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment of the Punjab Haryana High Court dated 4.5.2005 in Criminal Appeal No.
