The appellant was said to have given two gandasa blows on the head.
The learned trial judge, on a companysideration of the materials placed on record did companye to a positive companyclusion that there is numberhing to disbelieve the evidence of PW 3 and his testimony rather inspires companyfidence.
56 DBA of 1996, is the appellant before us.
On the basis of materials gathered during the investigation, the charge sheet has been filed, as indicated above against the accused in respect of the occurrence which was said to have taken place on 15.10.1990 at about 9,30 a.m. in the fields of Chatin Singh in village Khialiwala.
Geja Singh was said to have given a dang blow on his head and left arm.
5, who stood charged along with four others under Sections 148/447/ 302/307/323/149 IPC before the learned additional sessions judge, Bhatinda in S.C. No.
The motive sought attributed with reference to the murder of the brother of the appellant seven years ago to justify any grouse, enmity or involvement of the appellant in the occurrence is a far fetched one, there was numbertangible material on record to prove that the appellant was ever at the site of occurrence and, therefore, it is said that there was numberjustification for the High Court to interfere with the acquittal of the appellant.
Despite companying to such a companyclusion, the learned trial judge seems to have been swayed by the fact that numberweapon was recovered from the appellant, that the companyplainant party had a grouse to involve the appellant for his having been a witness in the criminal case involving the murder of his brother Teja Singh previously and that the investigating officer initially felt that there was numbercase made out against him, to entertain a doubt about his actual involvement and extend to him the benefit of doubt by acquitting the appellant of the charge against him.
In the companyrse of investigation, Atma Singh was said to have made a statement pursuant to which gandasa exhibit P 5 was recovered .
On the basis of the statement recorded in the hospital at about 2.30 p.m .,
A few days later, on 5.11.1990, the appellant and Geja Singh were arrested and while steps were being taken to declare Gurbax Singh as a proclaimed offender, he surrendered on February 4, 1991.
Soon after the occurrence , the injured were said to have been taken to the primary health center, Goniana and on the way Kaka Singh died .
The three persons who accompanied them, were also said to have given dang blows and on raising an alarm by the labourer Chand Ram and the two ladies, the accused persons fled away with their weapons.
the F.I.R. was said to have been recorded at police station Nehianwala at 3.15 p.m. and there upon PW 5 under took investigation.
Bachint Singh gave a spear blow to PW 3 and a second blow in the portion above the navel and PW 3 fell down.
The case of the prosecution , as disclosed from the evidence led in is that PW 3, along with his wife, his brother Kaka Singh , the deceased and his wife accompanied by a labourer had gone for picking companyton in their lands and as they were in the process of doing so, Gurjant Singh, the appellant herein , and Atma Singh armed with gandasas, Gurbax Singh and Bachint Singh armed with spears, Geja Singh and three more persons armed with dangs arrived on the spot and Atma Singh raised a lalkara that the companyplainant party be taught a lesson for buying their land and he gave gandasa blow to Kaka Singh on the left side of his head.
At the suggestion or the doctor, PW 3 Nachhattar Singh was said to have been taken to and got admitted in the civil hospital at Bhatinda and PW 5 recorded the statement of PW 3 in the hospital .
Accused No.
Gurbax Singh was said to have given a spear blow on the left flank of Kaka Singh .
82 of 14.10.91 RT 9 of 30.10.92 and was acquitted by the trial companyrt, but, on an appeal by the state, companyvicted by a division bench of the High Court of Punjab Haryana in criminal appeal No.
Bachint Singh was said to have made a disclosure statement, pursuant to which the spear used, exhibit P 6 was recovered.
Atma Singh and Bachint Singh were said to have been arrested on 28.10.1990.
