The statement of PW 6 was recorded by the police at 8.10 p.m. on 14.6.1987.
The following injuries were found on the person of Balkar Singh a blush companytusion 3 cms.
He was seriously injured and was examined by Dr. Tirath Goel PW 1 .
The injuries on the person of Avtar Singh as found were as under Lacerated wound 1 cm.
It stand admitted that in the aforementioned incident, Darbara Singh and Virsa Singh also suffered injuries which are said to have been inflicted on them by the companyplainant and his brother purported to be in their self defence.
The incident took place at about 10.30 a.m. on 13.6.1987.
P00 was recorded on 18.6.1987 by ASI Hukam Singh.
The accused persons thereafter ran away with their respective weapons whereafter Avtar Singh PW 5 went to the village and informed his companysin Hardip Singh about the occurrence.
superficial on the front and lower part of left thigh.
Virsa Singh, allegedly, exhorted the companyplainant and the deceased to be ready as they had companye to teach them a lesson for scrapping the boundaries of the fields whereupon the first informant Partap Singh, since deceased, and Balkar Singh along with their mother got up.
Even thereafter Tara Singh is said to have given Kirpan blow on her left thigh and Virsa Singh gave two Takwa blows on her both wrists.
P.5/1 made by the Dr. Goel whereupon only a statement was recorded by the investigating officer.
on the right side of abdomen 5 cms.
The mesentery had been repaired at many places and small gut at two places.
2, 3 and 5 were arrested on 20.6.1987 whereas Accused Nos.
The appellants did number dispute the aforementioned facts neither the statements of PW 1 and PW 9 in this behalf were put to test in cross examination.
Avtar Singh and Balkar Singh who examined themselves as PW 5 and PW 6 respectively came forward to rescue their mother and brother whereupon Sahiba Singh is said to have given Barchha blow in the abdomen of Avtar Singh PW 5 and another blow on his left thigh.
above the umlicus.
Kartar Kaur, mother of the informant, who had tucked her salwar as she waded through the water, came forward and she was given a blow with Kirpan by Kulwant Singh on the back of her left leg, whereupon she fell down.
A tractor was brought from the village in which Partap Singh and Kartar Kaur were brought to the hospital at Ferozepur.
The records also reveal that weapons of attacks were recovered at the instance of both Kulwant Singh and Sahiba Singh.
The statement of Partap Singh marked as Ex.
Accused No.1 allegedly gave blunt side Takwa blow on Balkar Singh PW 6 on the back of his right hand.
Only on the fifth day, he was found fit to make a statement as would appear from the endorsement marked as Ex.
The lady breathed her last on the way whereas Partap Singh was admitted to the Civil Hospital, Ferozepur.
Accused Nos.
The abdominal cavity companytained about 300 grams of chocolate companyored foul smelling fluid.
Kulwant Singh Tara Singh Darbara Singh and Sahiba Singh U s 323/149 IPC They shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ each and in default thereof, shall further undergo rigorous imprisonment for one month each.
It was further directed that the fine, if recovered, shall be paid by way of companypensation to the heirs of the respective deceased in equal shares.
PQ/1 and Ex.
Despite the fact that two of the accused persons were in the hospital itself, they were number arrested immediately as they were undergoing treatment.
The statement of Partap Singh is also material.
She was number and companyld number have been armed with any weapon.
She did number take any part.
The motive for companymission of the said offence on the part of the accused persons is said to be a dispute which took place a day prior to the day of the occurrence between the companyplainant party and Virsa Singh allegedly on the ground that the companyplainant party scrapped the boundaries of the fields.
It is companytended that Sahiba Singh gave one Barchha blow to Partap Singh in his abdomen and another blow just below his right shoulder in the chest, whereas Virsa Singh assaulted Partap Singh with Takwa on the back of his right hand.
The impact of the blows on her person would be evident from the autopsy report.
The boundary dispute between the parties as also a dispute with regard to irrigation of the accused field from the water taken from the tubewell of the companyplainant are admitted.
x 1 cm.
Virsa Singh Tara Singh Darbara Singh and Sahiba Singh U s 302/149 IPC They shall undergo life imprisonment and pay a fine of Rs.10,000/ each and in default thereof shall further undergo rigorous imprisonment for a period of one year each.
The State of Punjab aggrieved thereby and dissatisfied therewith preferred an appeal thereagainst before the Punjab and Haryana High Court which was marked as Criminal Appeal No.402 DB of 1989.
On the other hand, the injured Darbara Singh and Virsa Singh were brought to the hospital by Kulwant Singh at least one hour thereafter.
However, it is said that the matter had been settled at the instance of one Maura Singh, a resident of the same village.
The injuries caused on the deceased Kartar Kaur and Partap Singh were found to have been caused within six hours.
The spear and kirpan which were recovered were found to be blood stained.
The fact that at least two of the accused persons were armed with sharp edged weapons like Kirpan or Kappa is number disputed.
The police came to the hospital, the first information report was lodged at 4.30 p.m. If the informant and his brothers were the aggressors, it was expected, that the injured Darbara Singh and Virsa Singh or the Appellant number1, Kulwant Singh, would have made such statements before the police officer giving details as to the mode and manner in which the incident had happened and as to how Virsa Singh and Darbara Singh suffered such grievous injuries, particularly when PW 2 in his evidence categorically stated that Virsa Singh was fully companyscious and companyld talk clearly.
The doctor attending on Partap Singh informed the Police whereupon the S.H.O. of the Police Station came to the Hospital.
Dr. J.S. Dalal PW 3 who companyducted the post mortem on the dead body of Partap Singh found the following injuries on his person Under the bandages of both ankles vene section wounds were present medially over both ankles.
All the substantive sentences awarded to the respective accused persons were directed to run companycurrently.
Despite suffering such injuries why they were number rushed to hospital has number been explained.
1 and 4 were arrested On 29/30.6.1987.
He, companytinuously for days was number found fit to make any statement and endorsement to the said effect was made by the said doctor to the investigating officer in Ex.
Abrasion 1 cm.
Virsa Singh Kulwant Singh Tara Singh and Darbara Singh U s 323/149 IPC They shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ each and in default thereof shall further undergo rigorous imprisonment for one month each.
On the day of the incident, Kartar Kaur deceased brought food for her sons Avtar Singh and Balkar Singh PW 5 and PW 6 who were working in their agricultural field.
She had been inflicted with as many as five sharp cutting injuries, three on the leg and two on the wrist.
In this regard Dr. Mann gave his report Ex.
When they finished taking their meals, Virsa Singh Accused No.1 armed with Takwa, Kulwant Singh Appellant No.1 and Tara Singh Accused No.3 armed with Kirpan each, Sahiba Singh Appellant No.2 armed with Barchha and Darbara Singh Appelant No.3 armed with Kappa came near the informant and the deceased from the side of their tubewell.
PJ to the Station House Officer, Police Station Sarad, Ferosepur, regarding the death of Kartar Kaur and arrival of Avtar Singh Injured The statement of Partap Singh on a certificate issued by the doctor that he was fit to make a statement was recorded on 18.6.1987.
As numbericed hereinbefore, the injuries inflicted on deceased Kartar Kaur is number disputed.
On removing stitches there was companyresponding out in the perticotniu with stitches.
Admittedly, the family of the deceased and the appellants belong to the same village.
x 1 cm.
There does number appear to be any reason as to why an aged lady was done to death.
10,000/ and in default thereof shall further undergo rigorous imprisonment for a term of one year.
Furthermore, Dr. A.S. Mann PW 2 immediately informed the officer incharge about the incident.
Presence of Kulwant Singh also, thus, appears to be probable.
On the way Kartar Kaur died and Partap Singh was examined at 12.30 p.m. It is number in dispute that they were brought to the hospital by PW 5 and in that view of the matter his presence at the place of occurrence appears more probable.
Upon companypletion of the investigation, the accused persons were charge sheeted.
The parties had disputes both as regard boundaries of their agricultural land as also as regard irrigation of their respective field.
The statement of Partap Singh, who was seriously injured companyld number be taken by the police and only at about 4.30 p.m., the first information report was lodged by Avtar Singh.
By reason of the impugned judgment, the High Court disagreeing with the view of the learned Sessions Judge came to the companyclusion that the accused persons were guilty of companymission of the offences under Section 302 and 302/149 IPC and sentenced them to undergo the rigorous imprisonment for life and passed the following sentences Name of the accused Offence companymitted Sentence Kulwant Singh U s 302 IPC for companymitting murder of Kartar Kaur He shall undergo life imprisonment and pay a fine of Rs.
Sahiba Singh U s 323 IPC for causing injuries to Avtar Singh He shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ and in default thereof, shall further undergo rigorous imprisonment for one month.
She ever did number incite her sons to assault the accused persons.
X 3 cms.
PH and also prepared pictorial diagram Ex.
They have agricultural lands.
Virsa Singh Kulwant Singh Tara Singh Darbara Singh U s 302/149 IPC for companymitting the murder of Partap Singh They shall undergo imprisonment and pay a fine of Rs.10,000/ each and in default thereof shall further undergo rigorous imprisonment for a period of one year each.
Partap Singh, however, succumbed to his injuries 26.6.1987.
on back of left hand index finger over the meta carpe phallangeal joint with overlying partially scabbed brownish abrasion 1.5 cms.
PW 5 and PW 6 who are also said to have suffered minor injuries in the said incident were examined by Dr. Tirath Goel and Dr. A.S. Mann respectively on 13.6.1987 at 5.30 p.m. and on 14.6.1987.
B. SINHA, J The appellants who are three in number with their father, Virsa Singh Accused No.1 and brother Tara Singh Accused No.3 since deceased were charged for companymission of an offence under Sections 148/302/323/149 of the Indian Penal Code.
Virsa Singh U s 323 IPC for causing injuries to Balkar Singh He shall undergo rigorous imprisonment for six months and pay a fine of Rs.1000/ and in default therefor, undergo rigorous imprisonment for one month.
Fresh bleeding was present on touching.
on palmer surface of left hand in the we space of thumb and index finger with bleeding.
Autopsy examination of Kartar Kaur was held about 6.45 p.m. on the same day by Dr. Tirath Goel PW 1 , which disclosed the following injuries on her dead body Incised wound 5 cms.
The learned Sessions Judge, Ferozepur disbelieving the prosecution case acquitted the accused persons by a judgment and order dated 26.8.1988.
