MALKIAT SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2010-11-254
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 22,2010

MALKIAT SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents





Cited Judgements :-

MAJOR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-5-25] [REFERRED TO]


JUDGEMENT

- (1.)All the six accused, who were convicted for the offences under Sections 147, 364 read with Section 149 and Section 304 Part II of the Indian Penal Code and were sentenced to undergo one year rigorous imprisonment for the offence under Section 147 and 5 years rigorous imprisonment each for the other two offences, have preferred the present appeal.
(2.)The case of the prosecution as narrated by the witnesses is as follows :-
a) The 1st accused Malkiat Singh and 2nd accused Kashmir Singh are the sons of 6th accused Pritam Singh. The 3rd accused Gurmit Singh, 4th accused Lashkar Singh and 5th accused Maninder Singh are the sons of brother of the 6th accused Pritam Singh. PW3 Parkash Kaur is the complainant in this case. She is none other than the wife of the deceased Kapoor Singh. The house in the filed of the complainant is adjacent to the residential house of the 6th accused Pritam Singh. There is a manure pit located on the eastern side of the street running in front of the filed house of both of them. Both the families used to stock their manure in the said manure pit separately. As Pritam Singh, the 6th accused in this case, claimed exclusive possession over the manure pit, a quarrel arose between the two families.

b) On 28.05.1999, at about 6.15 a.m., PW3 Parkash Kaur along with the deceased Kapoor Singh proceeded to their house in the field to milch the cows. All the accused came to the filed house of PW3 and started beating the deceased Kapoor Singh. Thereafter, they dragged him to the courtyard of their residential house and tied Kapoor Sing to a tree with the help of a string and all the accused delivered fist blows and kicks on Kapoor Singh. With the help of other people, Kapoor Singh was rescued. A panchayat was convened, but the decision taken to compromise the matter was not accepted by the deceased.

c) On 30.05.1999, at about 2.00 p.m., Kapoor Singh died due to internal injuries in his stomach. On the basis of the complaint given by PW3 on 30.05.1999, a case under Sections 304, 342, 148 and 149 of the Indian Penal Code was registered as against all the accused.

d) Dr. Anoop Kumar PW1, Dr. Prem Singh PW2 and one Dr. H.L.Mehmi conducted post mortem examination on the dead body of Kapoor Singh. They found that there was no external visible mark of injury on his dead body. On dissection of abdomen, it was found that the peritoneum was congested. There was also one dark congested patch on the anterior aspect of peritoneum measuring 10 cm x 8 cm. The peritoneal cavity contained light brown colour fluid mixed with the digested food particulars. On the lower part of ileum, there was a perforation measuring 2 cm in diameter with light brown colour fluid coming out of it. All other abdominal visceras were found congested. On dissection of the neck and chest, trachea, larynx and pharynx were found containing light brown colour fluid. Light brown colour fluid also came out from the lungs on squeezing. The doctors PW1 and PW2, who formed part of the team, opined that asphyxia due to aspiration associated with peritonitis due to perforation of the small intestine was the cause of death. The perforation could be the result of blunt trauma to abdomen.

e) PW7 continued to investigate the matter and having completed the remaining part of the investigation, filed a final report as against all the accused under Sections 147, 304 read with Section 149 and 364 read with Section 149 of the Indian Penal Code.

(3.)The Trial Court, having adverted to the ocular evidence of PW3 who is none other than the wife of Kapoor Singh the deceased in this case, in the background of the medical evidence, convicted and sentenced all the accused as stated supra.


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