2003 (2) TMI 504

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....rist. He had two sons. The elder one was Sarabjit Singh (deceased) and the younger one was Gurwinderpal Singh. He further stated that his wife Amarjit Kaur was having pain in the abdomen and was suffering from dysentery. At about 7.00 a.m complainant Gurdial Singh was in his fields which is adjacent to the matalled road. PW-5 Shangara Singh was present in his fields, which is adjoining to the fields of Gurdial Singh. While PWs 4 and 5 were talking about the current situation prevailing in the State, his son Sarabjit Singh came there on his scooter No. PAA-660 and on being inquired from PW-4 as to where he was heading to, his son told that he was going to bring medicine for his mother from Chogawan. When he had hardly covered a distance of about 20/21 karams, the accused Sucha Singh armed with kirpan, Major Singh armed with gandasi and Kashmir Singh alias Bitoo armed with datar emerged from the fields of basmati crops and encircled his son Sarabjit Singh. He further stated that accused Sucha Singh raised lalkara that the deceased be taught a lesson for the murder of Kuldip Singh, nephew of Sucha Singh, committed by him and others earlier. Sucha Singh gave two kirpan blows successive....

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....wan road. He also stated that when he went to his fields, PW-5 Shangara Singh was also present in his fields. The time when PW-4 went to his fields is stated to be at 6.45 a.m. He also stated that the distance between his land and that of PW-5 was about two killas. He further stated that at about 6.45 a.m. PW-5 came near him and they were discussing the current situation prevailing in the State. When they were engaged in the discussion as stated, his son Sarabjit Singh, came on a scooter from the side of his house located in the village Abadi. On being inquired as to where he was going to, the deceased stopped the scooter and told him that he was going to bring medicines for his mother from Chogawan as she was down with loose motions. He had hardly covered 15/20 karams on his scooter, when the accused emerged from the Basmati fields. All the accused encircled him and the accused Sucha Singh raised a lalkara that they would teach him a lesson for murdering their man. Thereafter, Sucha Singh gave two kirpan blows on the head of Sarabjit Singh, who fell down from the scooter. Accused Bitoo gave two datar blows, one landing him on the right ear and the other on right wrist followed by ....

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.... distance between his land and the land of PW-5 is about two killas. Assuming this statement is accepted, in normal circumstances, no one would travel from a distance of two killas, that too, at 6.45 a.m. to meet a friend without a purpose. The prosecution has not been able to establish the circumstances leading PW-4 going to the field of PW-5 at that time. From the evidence on record it appears that the deceased travelled on a scooter to Chogawan village for purchase of medicines for his mother all of a sudden. Even PW-4, father of the deceased did not know about the illness of his wife, which led him to inquire from his son as to where he was going. If the father of the deceased himself did not know the programme of the deceased going to Chogawan village in advance it is inherently improbable that the accused would know his programme, way-lay and attack him armed with kirpan, gandasi , datar etc. It is in the evidence of both PWs 4 and 5 that the accused emerged from the Basmati crop fields and attacked the deceased. The evidence on record shows that in the murder case of Kuldip Singh nephew of Sucha Singh where PW4 was also one of the accused, were acquitted by the High Court. I....

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.... on the left side. Underneath bone, membranes and brain matter was cut. Clotted blood was present at the site. 2. An incised wound 12 x 4 cm on the forehead and right side of the face upto tragus extending to the left side of the forehead. Underlying bones, membranes and brain matter was cut. Clotted blood was present. 3. An incised wound 8 x 2 cm on the right side of face extending from the right ear upto the outer angle of right eye was present. Underneath bone was cut and clotted blood was present. 4. An incised wound 5 x 3 cm on the right ear in the middle cutting the pinna and underlying bone. Clotted blood was present. 5. An incised wound 12 x 3 cm on the right side of the head 2 cm above the injury No. 4. Underlying bone was cut. Clotted blood was present. 6. An incised wound 7 x 3 cm above the anterior hair line in the middle. Underlying bone was cut and clotted blood was present. 7. An incised wound 4 x 2 cm on the left side of the head, 6 cm above the left ear. Underlying bone was cut alongwith membranes. Clotted blood was present. 8. An incised wound 5 x 2 cm in the middle of the occipital region at the level of external occipital protuberance. Under....