Criminal Appeal No.163 DB of 1999

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Appeal No.163 DB of 1999

Date of decision: 4.4.2008

Gurmukh Singh

......Appellant

v.

The State of Haryana

......Respondent

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL

HON'BLE MR JUSTICE S. D. ANAND

Present:

Mr. HS Giani, Advocate as Amicus Curiae.

Mr. SS Pattar, Sr. DAG, Haryana for the State.

Judgment:

The appellant Gurmukh Singh challenges his conviction

and sentence for the murder of Hazoor Singh.

Case of the prosecution is that on 8.1.1997 in the

morning, Hazoor Singh, deceased had borrowed the tractor of Lal

Singh and tiller of Gurbachan Singh. After completing the field

work at 3.30 PM, Gurmej Singh PW5 son of Hazoor Singh,

deceased was going alongwith Lal Singh to return the tractor at

the Dera of Gurbachan Singh. On the way, accused Gurmukh

Criminal Appeal No.163 DB of 1999

2

Singh, son of Dayal Singh, accompanied by co-accused Niranjan

Singh, Harbhajan Singh and Manjit Singh (who have been

acquitted by the trial court) armed with lathis, whose Dera was

nearby came and stopped the tractor. The appellant raised a

lalkara that Hazoor Singh and his son be not allowed to pass

through the rasta (passage) of which there was a dispute. Hazoor

Singh was following the tractor. He advised the appellant to desist

from stopping the tractor on which the appellant gave lathi blow

on the head of Hazoor Singh rendering him unconscious, resulting

in his fall to the ground. Jagtar Singh, brother of the deceased PW4

saw the incident and reached the spot. Gurdip Singh and Puran

Singh also reached there. Jagtar Singh caught hold of Gurmukh

Singh. In the process, Gurmej Singh PW5 was also given lathi

blow by Niranjan Singh. Gurmej Singh also caused injuries to

Harbhajan Singh and Niranjan Singh. Hazoor Singh was taken to

the hospital and on receiving of message, ASI Jagdish Chander

reached there and recorded the statement of Jagtar Singh at 7.15

PM, leading to registration of FIR. He went to the place of

occurrence, prepared rough site plan and took other steps of

investigation. ASI Jagdish Chander died after 4/5 months of the

occurrence and after completion of investigation, the accused was

Criminal Appeal No.163 DB of 1999

3

sent up for trial. The injured Hazoor Singh was removed to PGI,

Chandigarh, where he died after three days on account of head

injury.

The prosecution examined PW1 Dr. Rajinder Kumar

who examined Hazoor Singh on 8.1.1997 at 4.55 PM and referred

him to Civil Hospital, Karnal, PW2 Dr. RM Singh who conducted

post mortem examination on 15.1.1997, PW3 Balkar Singh

Patwari, who prepared site plan, PW4 Jagtar Singh, author of the

FIR and eye witness, PW5 Gurmej Singh, another eye witness and

PW6 ASI Jarnail Singh who proved the investigation.

The accused denied the prosecution allegations and

examined HC Satya Parkash to prove the record of earlier FIR

No.6411 dated 2.11.1996 under the Excise Act against Gurmej

Singh and Mehar Singh, FIR No.39 dated 19.1.1991 under the

Excise Act against Balvinder Singh, FIR No.357 dated 4.9.1991

under the Excise Act against Hazoor Singh, FIR No.29 dated

11.1.1991 against Hazoor Singh under the Excise Act, FIR No.120

dated 27.3.1990 against Surjit Singh son of Hazoor Singh, FIR

No.115 dated 9.4.1995 under the Excise Act against Surjit Singh,

FIR No.214 dated 23.7.1984 under the Excise Act against Jeet

Singh, FIR No.416 dated 20.11.1983 against Jagtar Singh and FIR

Criminal Appeal No.163 DB of 1999

4

No.5 dated 1.1.1993 under the Excise Act against Hazoor Singh.

DW2 Bharat Bhushan Patwari was examined to prove the location

of the land.

He also medically examined Niranjan Singh at about

5.15 PM on 8.1.1997 and found following injuries:-

“1. Lacerated wound 1x1/2 cm into deep to skull

bone on forehead in middle part, 2” above the base of

nose, margins ill defined, face stained with blood,

clotted blood pr