IMPORTANT POINT
Plea of alibi taken by defence is required to be proved only after prosecution has proved its case against accused.

Judgment :

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 02.09.2008, passed by High Court of Punjab and Haryana, Chandigarh, whereby the High Court has disposed of Criminal Appeals No. 209 D.B. and 568 DBA, both of 1998 and Criminal Revision No. 654 of 1998. The appeal filed by the State qua Darshan Singh (present appellant) against his acquittal by the trial court, was allowed and his acquittal was reversed. The present appellant has been convicted by the High Court under Section 302 of Indian Penal Code, 1860 (for short “IPC”), and sentenced to imprisonment for life and directed to pay a fine Rs. 5,000/-and in default of payment of fine he is directed to undergo rigorous imprisonment for a further period of six months. Appellant Darshan Singh has been further found guilty of the charge of offence punishable under Section 324 of IPC, and sentenced to undergo rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/-with default clause directing to undergo rigorous imprisonment for further period of two months.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Prosecution story, in brief, is that there was dispute between complainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields. On account of this, earlier there had been incidents of assaulting each other. In the circumstances, both the parties were facing proceedings under Section 107/151 of Code of Criminal Procedure, 1973 (for short “Cr.PC”) before Executive Magistrate, Faridkot. On 17.02.1995, complainant Amrik Singh (PW-1) along with Raj Singh (PW-3), Sukhchain Singh (PW-2), Harbans Singh (one of the deceased), and their father Mander Singh and cousin Gursewak Singh with maternal uncle Santa Singh (another deceased) and Boota Singh had gone to attend the proceedings of the court. From the side of accused Surain Singh, Jasmail Singh, Darshan Singh (present appellant), Jhanda Singh and Boota Singh had also come to the court on said date. At about 11.00 a.m. both the sides started quarrelling and had a heated exchange of words, as Surain Singh objected to presence of Bhajan Singh who was relative of complainant Amrik Singh and not a party to the proceedings. He (Surain Singh), a Amritdhari Sikh, took out his Siri Sahib (Small Kripan, a sharp edged weapon) and gave blow to Bhajan Singh. When complainant party attempted to separate them, Surain Singh gave Kripan blow on the person of Mander Singh. He assaulted also on the left shoulder of the complainant Amrik Singh, and gave two blows on the person of Suckhchain Singh. He did not stop there and also assaulted Harbans Singh (deceased) with Kripan. Accused Darshan Singh (appellant) also took out his Kripan and inflicted injuries on the person of Santa Singh (another deceased). Accused Darshan Singh (appellant) is said to have given blows also to Raj Singh. Pal Singh and Jhanda Singh caught hold of Gursewak Singh, and Darshan Singh assaulted them also. Accused Boota Singh instigated other accused that no one should be escaped alive. The injured were taken to Guru Gobind Singh Medical Hospital, Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries.

4. Report of the above incident was lodged by complainant Amrik Singh (PW-2). On the basis of it, FIR No. 14, dated 17.02.1995 was registered at Police Station, City Faridkot. The investigation was taken up by Sub-inspector Ranjit Singh (PW-17), who took the dead bodies in his possession, sealed it, prepared inquest report and got sent them for postmortem examination. Dr. Sarabjit Singh Sandhu (PW-4) conducted post-mortem examination on the dead bodies of Santa Singh and Harbans Singh on 17.02.1995, and prepared autopsy reports. The other injured were also medically examined by PW-4 Dr. Sarabjit Singh Sandhu and PW-5 Dr. Manjit Singh. There were injuries also on the side of the accused, and from their side