{"id":219267,"date":"2009-08-31T00:00:00","date_gmt":"2009-08-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/bhupinder-singh-and-others-vs-the-state-of-punjab-on-31-august-2009"},"modified":"2018-05-10T22:51:11","modified_gmt":"2018-05-10T17:21:11","slug":"bhupinder-singh-and-others-vs-the-state-of-punjab-on-31-august-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/bhupinder-singh-and-others-vs-the-state-of-punjab-on-31-august-2009","title":{"rendered":"Bhupinder Singh And Others vs The State Of Punjab on 31 August, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Bhupinder Singh And Others vs The State Of Punjab on 31 August, 2009<\/div>\n
Criminal Appeal No.78-DB of 2001                                          -1-\n\n\n\n\nIN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.\n\n\n\n\nBhupinder Singh and others                                    APPELLANT\n\n\n                           VERSUS\n\n\nThe State of Punjab                                           RESPONDENT\n\n\n\n\nCORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL\n        HON'BLE MR.JUSTICE JITENDRA CHAUHAN\n\n\n\n\nPresent:-     Shri Vinod Ghai, Advocate for the appellants.\n\n              Shri Satinder Singh Gill, Additional A.G. Punjab.\n\n\n\nMEHTAB S.GILL, J.\n<\/pre>\n
              This is an appeal against the judgment\/order dated 1.2.2001 of the<\/p>\n
learned Additional Sessions Judge, Jalandhar, whereby he convicted Bhupinder<\/p>\n
Singh son of Paramjit Singh, Paramjit Singh son of Gurdip Singh, Jaspal Singh son<\/p>\n
of Paramjit Singh and Dial Singh son of Gurdip Singh under Section 302 read with<\/p>\n
Section 34 I.P.C. and sentenced them to undergo imprisonment for life and to pay<\/p>\n
a fine of Rs.5,000\/- each, in default to further undergo RI for six months. They<\/p>\n
were also convicted under Sections 323\/34 I.P.C. and sentenced to undergo RI for<\/p>\n
six months.    Further, they were convicted under Section 324\/34 I.P.C. and
\n Criminal Appeal No.78-DB of 2001                                             -2-<\/span><\/p>\n
sentenced to undergo RI for one year and to pay fine of Rs.1000\/- each and in<\/p>\n
default to further undergo RI for 2 months.\n<\/p>\n
             The case of the prosecution is unfolded by the statement of<\/p>\n
Sukhwinder Singh Ex.PL, given to SI Sukhdev Singh at Cinema Chowk G.T.Road,<\/p>\n
Kartarpur. Sukhwinder Singh stated that he is a resident of Vishvakarma Market,<\/p>\n
Kartarpur. He makes furniture in Vishkarma Market, Kartarpur. His residence is<\/p>\n
at the back side of the shops. On 9.2.1999 he and his father Jai Singh, brothers<\/p>\n
Malkiat Singh, Surinder Singh and Amarjit Singh who had come from Dubai, were<\/p>\n
working in their shop. At about 12 noon Jaspal Singh alias Laddi son of Paramjit<\/p>\n
Singh armed with a Kirpan, Bhupinder Singh son of Paramjit Singh armed with a<\/p>\n
Dagger, Paramjit Singh son of Gurdeep Singh armed with a Datar and Dial Singh<\/p>\n
son of Gurdip Singh armed with a Dang came out of their house situated on the<\/p>\n
opposite side. Paramjit Singh raised a lalkara to catch hold of them, so that they be<\/p>\n
taught a lesson, for stopping their generator. Thereafter Bhupinder Singh gave a<\/p>\n
Dagger blow hitting the abdomen of Amarjit Singh on which Amarjit Singh, fell<\/p>\n
down. Paramjit Singh gave a Datar blow, hitting on the left shoulder of Jai Singh.<\/p>\n
Jaspal Singh alias Laddi gave a Kirpan blow hitting, below the left eye of Malkiat<\/p>\n
Singh. Thereafter Dial Singh gave Dang blows hitting Surinder Singh, Malkiat<\/p>\n
Singh and Jai Singh. An alarm was raised. Balwinder Singh son of Swaran Singh<\/p>\n
resident of Vishvakarma Market, Kartarpur, reached the spot, who rescued them.<\/p>\n
The motive for the commission of the offence was that Paramjit Singh placed the<\/p>\n
exhaust of the generator towards the house of the complainant party. The smoke<\/p>\n
of the generator used to enter their shop and house. Complainant had asked<\/p>\n
Paramjit Singh to divert the face of the exhaust cylinder, but he instead got angry<\/p>\n
with this and the accused caused injuries to the complainant party. The injured<\/p>\n
alongwith Amarjit Singh were taken to the Civil Hospital, Kartarpur. Amarjit<\/p>\n
Singh was referred to Civil Hospital, Jalandhar and he died at 9 p.m. on 10.2.1999.
\n Criminal Appeal No.78-DB of 2001                                              -3-<\/span><\/p>\n
On the basis of this statement F.I.R. Ex.PL\/1 was recorded on 10.2.1999 at 12.35<\/p>\n
a.m. at Police Station Kartarpur. The special report reached the J.M.I.C. Jalandhar<\/p>\n
on the same day at 6.05 a.m.<\/p>\n
              The prosecution to prove its case, brought into the witness-box<\/p>\n
Dr.Kanwal Harpreet Singh Sekhon PW-1, Dr.Naresh Kumar PW-2, Dr.Dinesh<\/p>\n
Kumar PW-3, Sukhwinder Singh PW-4, Malkiat Singh PW-5, Surinder Singh PW-<\/p>\n
6, Jai Singh PW-7, Dalip Singh Draftsman PW-8, ASI Rattanjit Singh PW-9,<\/p>\n
Sukhbir Singh PW-10, Dr.Gurpal Singh PW-11, Jaimal Singh PW-12, HC<\/p>\n
Baljinder Singh    PW-13, Gian Singh PW-14 and SI Sukhdev Singh PW-15.<\/p>\n
              Learned counsel for the appellants has argued, that there is a delay in<\/p>\n
lodging of the F.I.R. Occurrence had taken place on 9.2.1999 at 12 noon in the<\/p>\n
area of Vishvakarma Market which is only one furlong from the police station.<\/p>\n
F.I.R. Ex.PL\/1 came into existence on 10.2.1999 at 12.35 a.m. i.e. after a delay of<\/p>\n
12 hours. Special report reached the J.M.I.C. Jalandhar at 6.05 a.m. on 10.2.1999.<\/p>\n
The delay between the occurrence and the special report reaching the J.M.I.C. at<\/p>\n
Jalandhar is 18 hours. No explanation has come from the side of the prosecution<\/p>\n
regarding this delay.\n<\/p>\n
              Sukhwinder Singh PW-4 author of the F.I.R. Ex.PL\/1 was not<\/p>\n
injured. If he was present at the time of the occurrence, he would have first gone<\/p>\n
to the police station and recorded his statement, if he had seen the occurrence.<\/p>\n
              Both Malkiat Singh PW-5 and Surinder Singh PW-6 the injured eye-<\/p>\n
witnesses were examined at 1.25 p.m. on 9.2.1999 at Civil Hospital, Kartarpur.<\/p>\n
Dr.Kanwal Harpreet Singh Sekhon PW-1 has stated, in his testimony, that he sent<\/p>\n
intimation to the police at 2.50 p.m. on 9.2.1999.        The Investigating Officer<\/p>\n
purposely and deliberately delayed recording the statement of Malkiat Singh PW-<\/p>\n
5 and Surinder Singh PW-6 in connivance with the complainant party. It has come<\/p>\n
in the evidence of Dr.Kanwal Harpreet Singh Sekhon PW-1 that both Malkiat
\n Criminal Appeal No.78-DB of 2001                                            -4-<\/span><\/p>\n
Singh PW-5 and Surinder Singh PW-6 signed on the MLRs Exs.PB and PC<\/p>\n
prepared by him of both these injured eye-witnesses.         Jai Singh PW-7 was<\/p>\n
examined at 4.15 p.m. on 9.2.1999 by Dr.Naresh Kumar PW-2 and he also signed<\/p>\n
on his M.L.R. Ex.PG. This showed that the injured eye-witnesses were in a fit<\/p>\n
state of mind for recording their statements, but the Investigating Officer in<\/p>\n
connivance with the complainant deliberately delayed the recording of the F.I.R.<\/p>\n
so that innocent persons be roped in.\n<\/p>\n
              Jaspal Singh appellant was also injured in this occurrence and was<\/p>\n
examined by Dr.Naresh Kumar PW-2 at 4.30 p.m. on 9.2.1999, his M.LR. is<\/p>\n
Ex.PH. No explanation has come from the side of the prosecution as to how did<\/p>\n
appellant Jaspal Singh receive injuries on his person. In fact, the genesis of the<\/p>\n
occurrence has been suppressed by the prosecution. It has come in evidence of the<\/p>\n
Investigating Officer SI Sukhdev Singh PW-15 and in the evidence of Dalip Singh<\/p>\n
Draftsman PW-8 who prepared the site plan Ex.PL, that the exhaust of the cylinder<\/p>\n
of generator was fixed in the wall of the appellants and its smoke came out in the<\/p>\n
street. Appellants had the right to instal a generator in their house and allow the<\/p>\n
smoke to go into the open stret. In fact, it was the complainant party who were the<\/p>\n
aggressors. The grudge for the commission of the offence was on the complainant<\/p>\n
party. It was they who were aggrieved by the smoke coming into their house and<\/p>\n
shop when the generator used to run.\n<\/p>\n
              Finally, learned counsel for the appellants has argued that even if we<\/p>\n
take it that all the appellants were present, at the most it is a case under Section<\/p>\n
304 Part-I I.P.C. The dispute was over the smoke coming out of the generator<\/p>\n
installed in the house of the appellants. There was no previous enmity between the<\/p>\n
parties.   On the fateful day a small matter erupted into a fight where the<\/p>\n
complainant party was injured and Jaspal Singh appellant also received injuries.<\/p>\n
There is no previous enmity between the parties. It has come in evidence that
\n Criminal Appeal No.78-DB of 2001                                            -5-<\/span><\/p>\n
before the injuries were inflicted, there was exchange of hot words. As per the site<\/p>\n
plan Ex.PN, the occurrence took place in the middle of the road where both the<\/p>\n
parties clashed with each other. One fatal blow was given by appellant Jaspal<\/p>\n
Singh which unfortunately led to the death of Amarjit Singh son of Jai Singh<\/p>\n
PW-7.\n<\/p>\n
              Learned counsel for the State has argued that there is no delay in<\/p>\n
lodging of the F.I.R. The complainant party along with Sukhwinder Singh PW-4,<\/p>\n
complainant was busy in taking care of Amarjit Singh deceased, Malkiat Singh<\/p>\n
PW-5, Surinder Singh PW-6 and Jai Singh PW-7 who had been injured and were<\/p>\n
in a serious condition. As per the application Exs.PE and PF, the Investigating<\/p>\n
Officer SI Sukhdev Singh PW-15 wanted to record the statements of Malkiat<\/p>\n
Singh PW-5 and Surinder Singh PW-6, but the doctor declared them unfit to make<\/p>\n
a statement. The Investigating Officer was left with no other alternative, but to<\/p>\n
record the statement of Sukhwinder Singh PW-4. Sukhwinder Singh was taking<\/p>\n
care of his brothers and father.\n<\/p>\n
              The motive for the commission of the offence was that the cylinder<\/p>\n
of the generator was facing towards the house and shop of the complainant party<\/p>\n
for the last several months. They were asking them to fix the exhaust in such a<\/p>\n
manner that its smoke does not come into their house and shop, as the smoke was<\/p>\n
causing a nuisance to them.\n<\/p>\n
              The testimony of Malkiat Singh PW-5, Surinder Singh PW-6 and Jai<\/p>\n
Singh PW-7 the injured eye-witnesses cannot be overlooked, as it was natural for<\/p>\n
them to be in their house and going through the injuries on their person, it shows<\/p>\n
that these cannot be self inflicted. They are stamped witnesses.<\/p>\n
              The injury on the person of Jaspal Singh appellant is a self-inflicted<\/p>\n
injury, only to make out a case of self defence. Appellant Bhupinder Singh was<\/p>\n
carrying dagger Ex.P2, Paramjit Singh datar Ex.P3, Jaspal Singh Kirpan Ex.P4 and
\n Criminal Appeal No.78-DB of 2001                                             -6-<\/span><\/p>\n
Dial Singh Dang Ex.P5.          They came out armed with deadly weapons.<\/p>\n
Complainant party did not have any arms and had innocently gone, to ask them to<\/p>\n
change the direction of the exhaust of their generator, but in this process they were<\/p>\n
attacked and injured grievously. No case of self defence is made out. It is a case of<\/p>\n
culpable homicide amounting to murder.\n<\/p>\n
              We have heard the learned counsel for the parties and perused the<\/p>\n
record with their assistance.\n<\/p>\n
              The occurrence had taken place at 12 noon on 9.2.1999. Statement<\/p>\n
Ex.PL, of Sukhwinder Singh PW-4 was recorded by SI Sukhdev Singh PW-15 at<\/p>\n
Cinema Chowk G.T.Road, Kartarpur, on the basis of which F.I.R. Ex.PL\/1 came<\/p>\n
into existence on 10.2.1999 at 12.35 a.m. at Police Station Kartarpur. Special<\/p>\n
report reached the J.M.I.C. Jalandhar, on the same day at 6.05 a.m. There is a<\/p>\n
delay of 12 hours in recording of the F.I.R .Ex.PL\/1 and a delay of 18 hours in the<\/p>\n
special report reaching the J.M.I.C., Jalandhar. Amarjit Singh deceased died on<\/p>\n
9.2.1999 at 9 p.m. i.e. after 9 hours of the occurrence. Sukhwinder Singh PW-4<\/p>\n
author of the F.I.R. was the only one who was not injured while his brothers i.e.<\/p>\n
Amarjit Singh deceased, Malkiat Singh PW-5 and Surinder Singh PW-6 were all<\/p>\n
injured along with his father Jai Singh PW-7. It was natural for complainant<\/p>\n
Sukhwinder Singh to first attend to his injured brothers and father and then to<\/p>\n
come and report the matter to the police.\n<\/p>\n
              As per Dr.Kanwal Harpreet Singh Sekhon PW-1, Malkiat Singh<\/p>\n
PW-5 and Sukhwinder Singh PW-6 were examined at 1.25 p.m. on 9.2.1999 and<\/p>\n
thereafter MLRs Exs.PB and Ex.PC were prepared. Amarjit Singh was examined<\/p>\n
at 1.20 p.m. on 9.2.1999 and his M.L.R. Ex.PA was prepared.<\/p>\n
              Dr.Naresh Kumar PW-2 examined Jai Singh PW-7 and prepared his<\/p>\n
M.L.R. Ex.PG at 4.15 p.m. on 9.2.1999 from the time of occurrence till 4.15 p.m.<\/p>\n
Sukhwinder Singh PW-4 was in the hospital and looking after his brothers. ASI
\n Criminal Appeal No.78-DB of 2001                                             -7-<\/span><\/p>\n
Rattanjit Singh PW-9 moved an application before the Medical Officer to record<\/p>\n
the statement of Malkiat Singh PW-5 and Surinder Singh PW-6 and as per the<\/p>\n
doctor’s opinion Exs.PE and PF, they were not fit to make statement.<\/p>\n
             Though both Malkiat Singh PW-5 and Surinder Singh PW-6 did<\/p>\n
sign on the MLRs Exs.PA and PB, but merely signing would not show that they<\/p>\n
were in a fit state of mind to make their statements. It is the doctor’s opinion<\/p>\n
which is final at that moment of time whether the patient is fit to make a statement<\/p>\n
or not.\n<\/p>\n
             We are of the considered opinion that there is no delay in lodging of<\/p>\n
F.I.R. Ex.PL\/1. The name of the appellants is mentioned, the weapon of offence is<\/p>\n
given. Appellant Bhupinder Singh was carrying dagger Ex.P2, Paramjit Singh<\/p>\n
datar Ex.P3, Jaspal Singh Kirpan Ex.P4 and Dial Singh Dang Ex.P5. The injuries<\/p>\n
inflicted have also been explained.\n<\/p>\n
             The motive for the commission of the offence was that                 the<\/p>\n
appellants had installed a generator in their house and the cylinder (exhaust) of the<\/p>\n
generator was fixed in a wall of the appellants’ house. The smoke emitted went<\/p>\n
into the street and then entered the house of the complainant.<\/p>\n
             As per site plans Exs.PN and PL along with the statements of Dalip<\/p>\n
Singh Draftsman PW-8, the exhaust of the generator was in the wall of the<\/p>\n
appellants. The generator was also installed in the house of the appellants. A<\/p>\n
street separated the house of the appellants and the complainant party. It has come<\/p>\n
in the evidence of Malkiat Singh PW-5 and Surinder Singh PW-6 that before the<\/p>\n
fight took place, there was exchange of hot words. The occurrence as per the site<\/p>\n
plans Exs.PN and PL has taken place in the middle of the road. As there was<\/p>\n
resentment from the side of the complainant party regarding the exhaust of the<\/p>\n
generator, this resulted in a full-fledged fight, on the fateful day between the<\/p>\n
appellants and the complainant party.       Appellant Jaspal Singh also received
\n Criminal Appeal No.78-DB of 2001                                              -8-<\/span><\/p>\n
injuries.\n<\/p>\n
              Apart from the grievance of the smoke coming out from the cylinder<\/p>\n
of the generator, there is no previous enmity between the parties. Appellant Jaspal<\/p>\n
Singh was injured in the occurrence. He was examined by Dr.Naresh Kumar<\/p>\n
PW-2 and his M.L.R. Ex.PH was prepared. Appellant Bhupinder Singh gave one<\/p>\n
injury i.e. a dagger blow to Amarjit Singh, but that injury was so serious, that it<\/p>\n
proved fatal, which culminated in his death. Unfortunately the small intestine of<\/p>\n
the deceased got cut and due to excessive haemorrhage it led to shock and cardio<\/p>\n
respiratory failure which caused the death of Amarjit Singh.<\/p>\n
              With the above discussion and observations, we are of                 the<\/p>\n
considered opinion that the case of the appellants falls within the ambit of Section<\/p>\n
304 Part-I I.P.C. i.e. culpable homicide not amounting to murder. Conviction of<\/p>\n
appellants is modified from Section 302 I.P.C. to Section 304 Part-I I.P.C.<\/p>\n
              Sentence of the appellants is also modified. Appellant Bhupinder<\/p>\n
Singh son of Paramjit Singh is sentenced to undergo RI for 10 years, Jaspal Singh<\/p>\n
son of Paramjit Singh is sentenced to undergo RI for 4 years, Paramjit Singh and<\/p>\n
Dial Singh sons of Gurdip Singh are sentenced to undergo RI for 3 years. Fine<\/p>\n
shall remain intact.\n<\/p>\n
              With the above modification in conviction and sentence of the<\/p>\n
appellants, appeal is dismissed.<\/p>\n
\n\n                                               ( MEHTAB S.GILL )\n                                                   JUDGE\n\n\n\n\n                                                (JITENDRA CHAUHAN)\nAugust 31, 2009                                      JUDGE\nGD\n\n\n\n\n              WHETHER TO BE REFERRED TO REPORTER? YES\/NO\n Criminal Appeal No.78-DB of 2001   -9-<\/span>\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Bhupinder Singh And Others vs The State Of Punjab on 31 August, 2009 Criminal Appeal No.78-DB of 2001 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Bhupinder Singh and others APPELLANT VERSUS The State of Punjab RESPONDENT CORAM : HON’BLE MR.JUSTICE MEHTAB S.GILL HON’BLE MR.JUSTICE JITENDRA CHAUHAN Present:- Shri […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-219267","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nBhupinder Singh And Others vs The State Of Punjab on 31 August, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/bhupinder-singh-and-others-vs-the-state-of-punjab-on-31-august-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Bhupinder Singh And Others vs The State Of Punjab on 31 August, 2009 - 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