Punjab-Haryana High Court
Daljit Singh And Others vs State Of Punjab on 2 May, 2013
Crl. Misc.No.70468 of 2012 and
Crl. Misc. No.72758 of 2012 in
Crl. Appeal No.D-586-DB of 2010 -1-
Daljit Singh and others Versus State of Punjab
Present: Mr. Navdeep Chhabra, Advocate for the
applicants/appellants No.1 and 2 in
Crl. Misc. No.70468 of 2012.
Ms. Prabhjit Kaur, Advocate for the
applicants/appellants No.3 and 4 in
Crl. Misc. No.72758 of 2012.
Mr. S. S. Dhaliwal, Addl. AG, Punjab.
***
Heard learned counsel for the parties.
Crl. Misc. No.70468 of 2012 has been filed seeking suspension of sentence of imprisonment of applicants/appellants No.1 and 2-Daljit Singh @ Bittu and Angrez Singh and Crl. Misc. No.72758 of 2012 has been filed seeking suspension of sentence of imprisonment of applicants/appellants No.3 and 4-Gursewak Singh and Gurdeep Singh during the pendency of the appeal.
The FIR in the case has been registered on the statement of Prithi Singh (PW-3) who is the elder brother of deceased Mukand Singh. It is alleged by the complainant Prithi Singh that he is a resident of village Sarainaga and does labour work. He has four brothers and one of them namely Mukand Singh (deceased) in the case was residing at Ludhiana. Mukand Singh was employed in a stud farm at Ludhiana. On 20.09.2005, Mukand Singh came on a visit to his village to meet them. At about 10.00 am, the complainant along with his brother Tarsem Singh went to the bus stand to see off their brother Mukand Singh. After leaving Mukand Singh at the turning point of the street, they stood there. When their brother was Crl. Misc.No.70468 of 2012 and Crl. Misc. No.72758 of 2012 in Crl. Appeal No.D-586-DB of 2010 -2- behind the turning point of main road, then accused Daljit Singh @ Bittu (applicant/appellant No.1) armed with a 'kirpan', Jogi alias Jagdev Singh (since declared juvenile) armed with a 'kirpan', Balraj Singh alias Baji (since declared juvenile) armed with a 'kappa', Angrez Singh (applicant/appellant No.2) armed with a 'kappa', Gursewak Singh @ Ritu (applicant/appellant No.3) armed with a small 'kirpan' and Gurdeep Singh (applicant/appellant No.4) armed with a 'toka' all residents of village Sarianaga were standing near the shop of Rinku. They stopped the brother (Mukand Singh) of the complainant (Prithi Singh). Daljit Singh @ Bittu (applicant/appellant No.1) raised a 'lalkara' saying that Mukand Singh had come and he be taught a lesson. Daljit Singh @ Bittu (applicant/appellant No.1) inflicted a 'kirpan' blow which hit above the left ear on the head of Mukand Singh. Thereafter accused Jagjit Singh @ Jassi (since declared juvenile) gave a 'kirpan' blow on the back of the head of Mukand Singh. Then accused Balraj Singh alias Baji (since declared juvenile) inflicted a 'kirpan' blow on the head of his brother. Angrez Singh (applicant/appellant No.2) inflicted a 'kapa' blow on the back of the head above the right ear of Mukand Singh. Thereafter, Gursewak Singh alias Ritu (applicant/appellant No.3) inflicted a 'kirpan' blow on the left upper portion of the leg of Mukand Singh with the result that he fell on the ground. While Mukand Singh lay on the ground Gurdeep Singh (applicant/appellant No.4) inflicted a 'toka' blow on his neck. Daljit Singh @ Bittu (applicant/appellant No.1) inflicted two 'kirpan' blows on the left hand of his brother. Angrez Crl. Misc.No.70468 of 2012 and Crl. Misc. No.72758 of 2012 in Crl. Appeal No.D-586-DB of 2010 -3- Singh (applicant/appellant No.2) again inflicted 'kirpan' blows on the side of the neck of Mukand Singh. Then Jagdev Singh @ Jogi (since declared juvenile) gave a 'kirpan' blow on the left wrist of his brother. Balraj Singh alias Baji (since declared juvenile) inflicted a 'kapa' blow on the left hand of Mukand Singh which hit him on his fingers. Thereafter, Gurdeep Singh (applicant/appellant No.4) inflicted two 'toka' blows on the left buttock and second blow hit on the left finger of Mukand Singh. Thereafter, Daljit Singh @ Bittu (applicant/appellant No.1) inflicted a 'kirpan' blow on his left knee. They raised an alarm of 'mar ditta mar ditta'. On hearing the noise, all the accused fled away with their respective weapons. The statement of Prithi Singh was recorded by the Investigating Officer SHO Gurmail Singh, Police Post Bariwala. The same was read over and explained to the complainant and he signed the same in token of its correctness.
Mukand Singh was taken to Civil Hospital where he was medico legally examined by Dr. Satish Goel (PW-2) who found as many as 14 injuries on his person. All the injuries on the person of injured were collectively declared as dangerous to life. Mukand Singh thereafter died and information in this regard was sent to the police by Dr. Sukhpal Singh EMO Hospital, Muktsar vide medical ruqa (Ex.PG). The post mortem examination on the dead body of Mukand Singh was conducted by Dr. Bandana Bansal, Medical Officer, Civil Hospital, Muktsar (PW-11). She found as many as 15 injuries on the dead body of Mukand Singh. The cause of death in Crl. Misc.No.70468 of 2012 and Crl. Misc. No.72758 of 2012 in Crl. Appeal No.D-586-DB of 2010 -4- her opinion was due to shock and haemorrhage leading to cardio- respiratory arrest as a result of injury to vital organs i.e. brain. Injuries were sufficient to cause death in the ordinary course of nature. Out of the 15 injuries that had been inflicted, six injuries were on the head and neck of the deceased Mukand Singh.
The applicants/appellants have undergone more than seven years of imprisonment which includes more than three years of imprisonment post conviction. Keeping in view the facts and circumstances of the case and the number and nature of injuries caused to the deceased Mukand Singh, we are of the view that instead of suspending the sentences of imprisonment of the applicants/appellants at this stage, it would be just and expedient that their appeal itself is listed for final hearing.
Accordingly, the criminal miscellaneous applications seeking suspension of sentences of imprisonment of the applicants/appellants are dismissed. However, the appeal be listed for hearing in the month of July, 2013 high up in the list.
Paper book be prepared forthwith.
(S. S. Saron) Judge (Naresh Kumar Sanghi) Judge 02.05.2013.
A.Kaundal