{"id":47169,"date":"2009-12-08T00:00:00","date_gmt":"2009-12-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/palwinder-singh-pinda-vs-unknown-on-8-december-2009"},"modified":"2016-10-24T15:22:29","modified_gmt":"2016-10-24T09:52:29","slug":"palwinder-singh-pinda-vs-unknown-on-8-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/palwinder-singh-pinda-vs-unknown-on-8-december-2009","title":{"rendered":"Palwinder Singh @ Pinda vs Unknown on 8 December, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Palwinder Singh @ Pinda vs Unknown on 8 December, 2009<\/div>\n
Crl.Appeal No.661-DB of 2000                            -1-\n\n\n\n IN THE HIGH COURT OF PUNJAB                      AND HARYANA\n                AT CHANDIGARH.\n\n\n                              Crl.Appeal No.661-DB of 2000\n                              Date of Decision: December 8, 2009\n\n\n\n1.Palwinder Singh @ Pinda s\/o Gagdush Singh;\n2.Iqbal Singh @ Satwinder Singh s\/o Jagdish Singh, both residents of\nVillage Moranwali, Police Station Garhshankar, District Hoshiarpur.\n\n                                                        .....Appellants\n\n                              v.\n\nState of Punjab\n                                                        .....Respondent\n\n\n                              Crl.Appeal No.666-DB of 2000\n\n\n1.Gurtek Singh @ Teki s\/o Joginder Singh;\n2.Jaswinder Singh @ Manna s\/o Gurdev Singh; and\n3.Jaswinder Singh @ Binda s\/o Balbir Singh; all residents of Moranwali,\nPolice Station Garhshankar, District Hoshiarpur.\n\n                                                        .....Appellants\n\n                         v.\n\nState of Punjab\n\n\nCORAM: HON'BLE MR.JUSTICE MEHTAB S.GILL\n      HON'BLE MR.JUSTICE RAM CHAND GUPTA\n\n\nPresent:    Mr.H.S.Sandhu, Sr.Advocate with\n            Mr.Varun Walia, Advocate\n            for the appellants in Crl.A.No.661-DB of 2000.\n\n            Mr.R.S.Cheema, Sr.Advocate with\n            Ms.Tanu Bedi, Advocate\n            for the appellants in Crl.A.No.666-DB of 2000.\n\n            Mr.S.S.Gill, Additional Advocate General,\n            Punjab.\n Crl.Appeal No.661-DB of 2000                             -2-\n\n\nRAM CHAND GUPTA, J.\n<\/pre>\n
1.          Both the above mentioned appeals, i.e., Criminal Appeal<\/p>\n
Nos.661-DB and 666-DB of 2000, are being decided by this common<\/p>\n
judgment, as the same have arisen out of the same judgment of<\/p>\n
conviction and order of sentence dated 22.11.2000 passed by the Court<\/p>\n
of Sessions Judge, Hoshiarpur, vide which all the appellants-accused<\/p>\n
were convicted for offences under Section 148 of the Indian Penal Code<\/p>\n
(hereinafter to be referred as `IPC’) and 302 read with Section 149 of the<\/p>\n
IPC and sentenced to undergo rigorous imprisonment for two years and<\/p>\n
to pay fine of Rs.1000\/- each, and in default of payment of fine to further<\/p>\n
undergo rigorous imprisonment for two months each, for offence under<\/p>\n
Section 148 IPC and further sentenced to undergo rigorous imprisonment<\/p>\n
for life for offence under Section 302 read with Section 149 IPC.<\/p>\n
2.          Briefly stated, the case of the prosecution, as per statement<\/p>\n
Ex.PG got recorded by Makhan Singh (PW5) son of Harbhajan Singh,<\/p>\n
resident of Alipur, Police Station Garhshankar, on 10.3.1998 before<\/p>\n
Mohinder Singh, Inspector, SHO, Police Station Garhshankar, runs as<\/p>\n
under:\n<\/p>\n
3.          Makhan Singh, complainant, are five brothers and three<\/p>\n
sisters. Two of his sisters, namely, Paramjit Kaur and Manjit Kaur are<\/p>\n
married with Joginder Singh (PW8) and Tarlochan Singh, both sons of<\/p>\n
Kashmir Singh, in Village Moranwali.         About 3-4 days before the<\/p>\n
occurrence, Gurtek Singh alias Teki, son of Joginder Singh, Jaswinder<\/p>\n
Singh @ Manna son of Dev Singh, Iqbal Singh, Jagdish Singh and his<\/p>\n
brother Pinda, Jasbir Singh son of Ajaib Singh and Balwinder Singh son
\n Crl.Appeal No.661-DB of 2000                          -3-<\/span><\/p>\n
of Balbir Singh had gone to the house of sister of Makhan Singh,<\/p>\n
namely, Paramjit Kaur, and abused her and her husband and had also<\/p>\n
broken house-hold articles regarding which compromise was to be made<\/p>\n
before respectable persons of the village and hence, Makhan Singh<\/p>\n
alongwith his younger brother Sukhjiwan Singh @ Sukhi (deceased) and<\/p>\n
Joginder Singh, husband of Paramjit Kaur were going on scooter bearing<\/p>\n
No.PB-24-3349 `Bajaj Chetak’ from village Moranwali to village Alipur<\/p>\n
via Bhaura to bring father of Makhan Singh. Further according to him<\/p>\n
when they reached about 200\/300 meters short of Bein (Rivulet) on way<\/p>\n
from Moranwali to Bhaura, it was at about 4.30 p.m. when Gurtek Singh<\/p>\n
@ Teki, Jaswinder Singh @ Manna, Iqbal Singh and Jasbir Singh armed<\/p>\n
with naked Kirpans and Balwinder Singh @ Binder and Pinda armed<\/p>\n
with dangs emerged from the fields abutting the road and on seeing<\/p>\n
them came on the road.      Gurtek Singh @ Teki raised lalkara that<\/p>\n
Joginder Singh and his wife’s brothers should not be escaped and he<\/p>\n
gave kirpan blow on the head of Sukhjiwan @ Sukhi, who was driving<\/p>\n
the scooter. Makhan Singh and Joginder Singh ran backwards to save<\/p>\n
themselves. Within their sight Jaswinder Singh @ Manna gave kirpan<\/p>\n
blow thrust-wise on the left thigh of Sukhjiwan @ Sukhi, who fell down<\/p>\n
on the metalled road and while he was lying, Jasbir Singh gave him blow<\/p>\n
with his kirpan, who raised his hand towards the blow and the blow hit<\/p>\n
in between the fingers of his left hand. Iqbal Singh gave blow with his<\/p>\n
kirpan thrust-wise on the groin of Sukhjiwan Singh @ Sukhi and he<\/p>\n
started crying with pain. Balwinder Singh and Pinda gave blows with<\/p>\n
their respective dangs to Sukhi and thereafter they ran away towards<\/p>\n
Village Bhaura with their respective weapons.\n<\/p>\n
 Crl.Appeal No.661-DB of 2000                             -4-<\/span><\/p>\n
4.            Makhan Singh, complainant and Joginder Singh PW<\/p>\n
removed Sukhjiwan Singh @ Sukhi on the scooter to Civil Hospital,<\/p>\n
Garhshankar, where Surinder Singh son of Bakhsha Singh r\/o Chack<\/p>\n
Phullu also met them, who got Sukhjiwan @ Sukhi admitted in the<\/p>\n
hospital at 5.30 p.m. He was given treatment. However, he succumbed<\/p>\n
to injuries at 6.20 p.m. on the same day.\n<\/p>\n
5.            On receiving information by Mohinder Singh, Inspector,<\/p>\n
PW9, through wireless at 6.00 p.m., while he was present at bus stand of<\/p>\n
village Rodmajara in connection with patrolling        and checking, he<\/p>\n
reached Civil Hospital and recorded statement Ex.PG of Makhan Singh,<\/p>\n
complainant, PW5, and the same was completed at 8.00 p.m. on the same<\/p>\n
day. He made his endorsement on the same as Ex.PG\/1 and sent the<\/p>\n
same to Police Station for registration of the case, on the basis of which<\/p>\n
formal FIR Ex.PG\/2 was recorded. Copy of FIR reached the Illaqa<\/p>\n
Magistrate at 10.10 p.m. on the same day.\n<\/p>\n
6.            The Investigating Officer prepared the inquest report on the<\/p>\n
dead body of the deceased and sent the same for postmortem<\/p>\n
examination. He also visited the place of occurrence and prepared rough<\/p>\n
site plan and lifted blood stained earth.      He recorded statement of<\/p>\n
witnesses. He arrested the accused. He recovered the weapons with<\/p>\n
which injuries were caused by the accused, as per their disclosure<\/p>\n
statements.\n<\/p>\n
7.            On completion of the investigation, report under Section<\/p>\n
173 of the Code of Criminal Procedure (hereinafter to be referred as<\/p>\n
`Cr.P.C.) was presented in the Court of Sub Divisional Judicial<\/p>\n
Magistrate, Garshankar, who committed the case to the Court of Sessions
\n Crl.Appeal No.661-DB of 2000                             -5-<\/span><\/p>\n
vide order dated 1.6.1998.\n<\/p>\n
8.          One of the accused, namely, Jasbir Singh           son of Ajaib<\/p>\n
Singh could not be arrested and he was declared proclaimed offender.<\/p>\n
9.          Learned trial Court finding prima facie case charged all the<\/p>\n
five accused for offences punishable under Sections 148 and 302\/149<\/p>\n
IPC, to which they did not plead guilty and claimed trial.<\/p>\n
10.         In support of the contention, the prosecution examined as<\/p>\n
many as 9 PWs.\n<\/p>\n
11.         PW1 is Dr.Reeta Dhami, the then Medical Officer, Civil<\/p>\n
Hospital, Garhshankar, who conducted postmortem examination on the<\/p>\n
dead body of Sukhjiwan Singh @ Sukhi son of Harbhajan Singh of<\/p>\n
Village Alipur and found the following injuries on his person:<\/p>\n
             “1.     Incised wound 4 x 2 cm long on the left parieto<\/p>\n
             temporal region, 9 cm from the left eyebrow and 7 cm from<\/p>\n
             the left pinna. On dissection, underlying bone intact. Brain<\/p>\n
             and dura mater N.A.D.\n<\/p><\/blockquote>\n
             2.       Linear bruise 13 x .5 cm on the back of left side of<\/p>\n
             chest extending from midline to lower end of scapula .<\/p>\n<\/blockquote>\n
              3.      Bruise 3 x .2 cm on the medial aspect of forearm,<\/p>\n
              left 9 cm from the wrist.\n<\/p><\/blockquote>\n
              4. Incised wound 9 x 1 cm on the palmer aspect of the left<\/p>\n
              hand extending from middle of front of wrist to web space<\/p>\n
              between little finger and ring finger. Underlying muscles,<\/p>\n
              tendons, vessels and bones cut.\n<\/p><\/blockquote>\n
                  5. Incised wound 5.5 x 1.5 cm on the anterior lateral<\/p>\n
              aspect of the left thigh 18.5 cm above the knee.          On
\n Crl.Appeal No.661-DB of 2000                            -6-<\/span><\/p>\n
              dissection underlying muscles and vessels upto bone were<\/p>\n
              cut. Clots were present.”\n<\/p><\/blockquote>\n
12.          She further deposed that all other organs were healthy and<\/p>\n
that in her opinion the cause of death in this case was heamorrhage and<\/p>\n
shock as a result of injuries no.4 and 5 , which were sufficient to cause<\/p>\n
death in the ordinary course of nature and that all the injuries were ante<\/p>\n
mortem in nature. She also deposed that probable duration between<\/p>\n
injuries and death was within few hours and between death and<\/p>\n
postmortem was within 24 hours. She had proved copy of postmortem<\/p>\n
report Ex.PA, police request Ex.PB and the inquest report Ex.PC.<\/p>\n
13.          PW2 is Bal Kishan, the then Additional Ahlmad in the Court<\/p>\n
of Additional Civil Judge, Sr.Division,Garhshankar, who deposed that as<\/p>\n
per record accused Jasbir Singh was declared proclaimed offender on<\/p>\n
19.8.1998.\n<\/p>\n
14.          PW3 is Kewal Singh, MHC and PW4 is Gurdev Singh,<\/p>\n
Constable, who are formal witnesses and have tendered in evidence their<\/p>\n
respective affidavits, Ex.PE and PF.\n<\/p>\n
15.          PW5 is Makhan Singh, complainant, on whose statement<\/p>\n
Ex.PG, the present case was registered, as detailed above.<\/p>\n
16.          PW6 is Paramjit Singh, Draftsman, District Courts,<\/p>\n
Hoshiarpur, who prepared the scaled site plan Ex.PH of the place of<\/p>\n
occurrence on 24.5.1998.\n<\/p>\n
17.          PW7 is Tarlochan Singh, HC, who is also a formal witness<\/p>\n
and who has tendered in evidence affidavit of his statement Ex.PJ.<\/p>\n
18.          PW8 is Joginder Singh son of Kashmir Singh, another eye-<\/p>\n
witness of the occurrence, who corroborated the version of Makhan
\n Crl.Appeal No.661-DB of 2000                              -7-<\/span><\/p>\n
Singh, complainant.\n<\/p>\n
19.            PW9 is Mohinder Singh, Inspector, i.e., Investigating<\/p>\n
Officer of this case, who recorded the statement of Makhan Singh and<\/p>\n
investigated the case,<\/p>\n
20.            Statements of all the accused in terms of Section 313<\/p>\n
Cr.P.C. was recorded in which they denied the allegations and pleaded to<\/p>\n
be innocent.\n<\/p>\n
21.            Accused Gurtek Singh @ Teki and Jaswinder Singh @<\/p>\n
Binda had taken the plea that they have been falsely implicated in this<\/p>\n
case and accused Palwinder Singh @ Pinda and Iqbal Singh had taken<\/p>\n
the plea that they have been falsely implicated in this case due to party<\/p>\n
faction in the village.     Accused Jaswinder Singh @ Manna son of<\/p>\n
Gurdev Singh had taken the following plea:\n<\/p>\n
                     “Kashmir Singh, father of witness Joginder Singh<\/p>\n
               connived with Amrik Singh, Harbishan Singh and Harbax<\/p>\n
               Singh alias Gurbax Singh sons of Surain Singh, resident of<\/p>\n
               Village Moranwali      to grab the agricultural land of<\/p>\n
               Harbinder Singh Rai son of Tara Singh Rai. He filed a case<\/p>\n
               against the said Kashmir Singh and the said remaining three<\/p>\n
               persons, who are the real uncles of Harbinder Singh Rai.<\/p>\n
               This civil case, which was a suit for declaration and<\/p>\n
               permanent injunction, filed by said Harbinder Singh Rai<\/p>\n
               against the said persons, remained pending in the Court of<\/p>\n
               Civil Judge at Garhshankar. I was doing its Pairvi in favour<\/p>\n
               of Harbinder Singh Rai.      A compromise was effected<\/p>\n
               between the parties, i.e., plaintiff and     Amrik Singh,
\n Crl.Appeal No.661-DB of 2000                             -8-<\/span><\/p>\n
            Harbishan Singh & Harbax Singh, at last. So, the witness<\/p>\n
            Joginder Sngh and his other family members and relatives<\/p>\n
            were annoyed of it. The deceased is the real brother-in-law<\/p>\n
            of Joginder Singh.      The present criminal case charged<\/p>\n
            against me is merely a case of accident, but in connivance<\/p>\n
            with the police it has been concocted to be a murder case<\/p>\n
            and has been foisted upon me. At the very initial stage, my<\/p>\n
            father complained this fact that it was a case of accident to<\/p>\n
            the higher authorities also.     I have not been afforded<\/p>\n
            opportunity to cross-examine the doctor witness PW, who<\/p>\n
            had conducted the postmortem on the deceased. Thereafter<\/p>\n
            my application filed under Section 311 Cr.P.C. to recall the<\/p>\n
            said witness for her further cross-examination has also been<\/p>\n
            declined. So, the full facts relating to the factum of accident<\/p>\n
            in the eyes of medical science could not be brought on the<\/p>\n
            record. I am innocent and I have not committed the offence<\/p>\n
            charged against me.”\n<\/p><\/blockquote>\n
22.         In defence accused examined six witnesses.\n<\/p>\n
23.         DW1 is Vinod Goyal, Clerk, Judicial Record Room,<\/p>\n
Hoshiarpur, who could not bring the summoned record as the same was<\/p>\n
burnt in the fire which broke down in June 1998.\n<\/p>\n
24.         DW2 is Anil Kumar Choudhary, Senior Assistant from the<\/p>\n
office of Governor of Punjab, Chandigarh, who deposed that a complaint<\/p>\n
was received from Gurdev Singh son of Chainchal Singh of village<\/p>\n
Moranwali, District Hoshiarpur, which was sent to Principal Secretary,<\/p>\n
Home Department, Punjab, for necessary action.
\n Crl.Appeal No.661-DB of 2000                           -9-<\/span><\/p>\n
25.         DW3 is Kulwinder Singh, Constable, who brought<\/p>\n
complaint sent by Gudev Singh son of Chainchal Singh regarding this<\/p>\n
FIR, which was marked to SSP, Hoshiarpur, for enquiry.<\/p>\n
26.         DW4 is Amrik Singh, Ahlmad of the Court of JMIC,<\/p>\n
Garhshankar, who has proved regarding filing of civil suit titled<\/p>\n
Harvinder Singh Rai @ H.B.Rai, Advocate vs. Amrik Singh etc. in the<\/p>\n
Court at Garhshankar.\n<\/p>\n
27.         DW5 is Dr.Harish Tuli, Professor and head of Department.<\/p>\n
of Forensic Medicine, Govt. Medical College, Patiala, who deposed,<\/p>\n
after going through the post mortem report, Ex.PA of Sukhjiwan Singh,<\/p>\n
deceased, that injury no.1 is on the head and however, as per Doctor’s<\/p>\n
report brain and pleura and bone were intact and that since rest of the<\/p>\n
injuries are on non-vital parts of the body, so if prompt, efficient and<\/p>\n
quality medical aid would have been given to the victim, the patient<\/p>\n
could survive.\n<\/p>\n
28.         DW6 is Gurdev Singh, father of Jaswinder Singh @ Manna,<\/p>\n
who had sent complaints to higher authorities regarding alleged false<\/p>\n
involvement of his son Jaswinder Singh @ Manna in this case.<\/p>\n
29.         After hearing learned public prosecutor for the State and<\/p>\n
learned counsel for the accused, learned trial Court came to the<\/p>\n
conclusion that prosecution has been able to prove offences under<\/p>\n
Sections 148 and 302 read with Section 149 IPC against all the accused<\/p>\n
without any shadow of reasonable doubt and hence, it convicted and<\/p>\n
sentenced the accused, as aforementioned, against which the present<\/p>\n
appeals have been filed.\n<\/p>\n
30.         We have heard learned counsel for the appellants-accused,
\n Crl.Appeal No.661-DB of 2000                               -10-<\/span><\/p>\n
learned State counsel and have gone through the whole record carefully.<\/p>\n
31.         It has been argued by learned counsel for the appellants-<\/p>\n
accused that as per case of the prosecution and as per depositions of<\/p>\n
PW5 Makkhan Singh and PW8 Joginder Singh, they have given detail<\/p>\n
account of the injuries allegedly caused by the accused and Jasbir Singh<\/p>\n
who was declared proclaimed offender, to the deceased and that it was<\/p>\n
alleged that accused Iqbal Singh caused injury with his sword on the<\/p>\n
testicle of Sukhjiwan Singh deceased, however           no such injury was<\/p>\n
found by Dr.Reeta Dhami, PW1, who conducted autopsy on the dead<\/p>\n
body of Sukhjiwan Singh and that no such injury has also been<\/p>\n
mentioned in the bed head ticket, Ex.DA, and hence it is argued that<\/p>\n
Iqbal Singh has been falsely implicated in this case.<\/p>\n
32.         It is further argued that as per case of the prosecution four of<\/p>\n
the accused including Jasbir Singh were armed with swords and two of<\/p>\n
the accused were armed with dangs and that all caused injuries to<\/p>\n
Sukhjiwan Singh. However, as per medical evidence, as deposed by<\/p>\n
Dr.Reeta Dhami, only five injuries were found on the person of the<\/p>\n
deceased. It is further contended that injuries no.1, 2 and 3 are simple in<\/p>\n
nature. As per medical evidence, death was caused due to injuries no.4<\/p>\n
and 5, which are not on any vital part of the body. It is further argued<\/p>\n
that even injuries no.2 and 3 are only bruises and the same are also not<\/p>\n
on any vital part of the body. It is further contended that as per case of<\/p>\n
the prosecution the injuries were given to the deceased even while he<\/p>\n
was lying on the ground. It is further contended that no injury was found<\/p>\n
on the groin of the deceased as deposed by PW5 Makhan Singh and<\/p>\n
PW8 Joginder Singh. It is further contended that the approach adopted
\n Crl.Appeal No.661-DB of 2000                            -11-<\/span><\/p>\n
by learned trial Curt that Doctor did not properly conduct the<\/p>\n
postmortem examination after close physical examination of the dead-<\/p>\n
body cannot be said to be a legal one and that no such inference can be<\/p>\n
drawn that the Doctor did not conduct the postmortem examination after<\/p>\n
close examination of the dead body. Hence, it is argued that it cannot be<\/p>\n
said that the object of the alleged unlawful assembly was to commit<\/p>\n
murder of Sukhjiwan Singh. Hence, it is contended that no case for<\/p>\n
offence under Section 302 read with Section 149         IPC is made out<\/p>\n
against the accused.\n<\/p>\n
33.         On this point reliance has been placed upon State of Punjab<\/p>\n
vs. Tejinder Singh and<\/a> another 1995 Supreme Court Cases (Crl.) 987;<\/p>\n
Parusuraman alias Velladurai and others vs. State of Tamil Nadu<\/a><\/p>\n
1992 Supreme Court Cases (Crl.) 292; Karam Singh vs. State of<\/p>\n
Punjab 1994 Supreme Court Cases (Crl.) 64; Rama Meru and another<\/p>\n
vs. State of Gujarat AIR 1992 Supreme Court 969; Bawa Singh vs.<\/p>\n
State of Punjab<\/a> 1993 Crl.L.J. 49; Kartar Singh and others vs. State<\/p>\n
of Punjab 1996 Crl.L.J. 1722; and Ranjha and another vs. State of<\/p>\n
Punjab 1996 Crl.L.J. 3991.\n<\/p>\n
34.         Learned State counsel has not been able to rebut this<\/p>\n
argument of learned counsel for the accused.\n<\/p>\n
35.         A careful perusal of testimony of Dr.Reeta Dhami PW1 and<\/p>\n
the bed head ticket of the deceased, Ex.DA, shows that no injury was<\/p>\n
found on groin of the deceased which was attributed to accused Iqbal<\/p>\n
Singh by the witnesses. Hence, only inference which can be drawn is<\/p>\n
that Iqbal Singh accused did not participate in the occurrence and that he<\/p>\n
was not party to the common object of the unlawful assembly to cause
\n Crl.Appeal No.661-DB of 2000                             -12-<\/span><\/p>\n
injury to Sukhjiwan Singh @ Sukhi and that he has been falsely<\/p>\n
implicated in this case.\n<\/p>\n
36.          Further only injury no.1 is on the vital part of the body and<\/p>\n
however, the same is simple in nature and on dissection underlying bone<\/p>\n
was intact and as per medical evidence death was caused on account of<\/p>\n
injuries no.4 and 5, which are on non-vital parts of the body. Hence,<\/p>\n
there is force in the argument of learned counsel for the appellants-<\/p>\n
accused that prosecution has failed to prove that accused intended to<\/p>\n
commit murder of Sukhjiwan Singh.\n<\/p>\n
37.          There are three types of culpable homicide under Indian<\/p>\n
Penal Code. The first is defined in Section 300 IPC as murder and the<\/p>\n
second may be termed as culpable homicide of 2nd degree which is<\/p>\n
punishable under Ist part of Section 304 IPC and there is culpable<\/p>\n
homicide of 3rd degree, i.e., culpable homicide punishable under IInd<\/p>\n
part of Section 304 IPC.\n<\/p>\n
38.          Hence, taken into consideration the kind of injuries found<\/p>\n
on the body of deceased in this case, as per medical evidence, as<\/p>\n
described above, it cannot be inferred that the accused intended to<\/p>\n
commit murder of Sukhjiwan Singh or that they intended to inflict such<\/p>\n
an injury which in the ordinary course of nature was sufficient to cause<\/p>\n
death. Hence the offence committed by other appellants-accused would<\/p>\n
also come under Section 304 part I read with Section 149 IPC and not<\/p>\n
under Section 302 read with Section 149 IPC .\n<\/p>\n
39.          In Tejinder Singh’s case (supra) except one injury on the<\/p>\n
head, all other injuries were caused on non-vital parts of the body and<\/p>\n
the head injury was only muscle deep. Hence in the circumstances of the
\n Crl.Appeal No.661-DB of 2000                             -13-<\/span><\/p>\n
case, both the accused were held liable to be convicted under Section<\/p>\n
304 Part I read with Section 34 and not under Section 302 IPC.<\/p>\n
40.            Hence, in view of the above discussion, appeal filed by<\/p>\n
Iqbal Singh, appellant-accused is accepted. Judgment of his conviction<\/p>\n
and sentence is set aside and he is acquitted of the charges framed<\/p>\n
against him.\n<\/p>\n
41.            However, conviction of accused Palwinder Singh @ Pinda,<\/p>\n
Gurtek Singh @ Teki, Jaswinder Singh @ Manna and Jaswinder Singh<\/p>\n
@ Binda for offence under Section 302 read with Section 149 IPC is<\/p>\n
converted to offence under Section 304 Part I read with Section 149 IPC<\/p>\n
and while setting aside their sentence to undergo life imprisonment for<\/p>\n
offence under Section 302 read with Section 149 IPC, they are sentenced<\/p>\n
to undergo rigorous imprisonment for six years each, for offence under<\/p>\n
Section 304 Part I read with Section 149 IPC, while maintaining the<\/p>\n
sentence passed for offence under Section 148 IPC by the trial Court.<\/p>\n
However, both the sentences shall run concurrently and the<\/p>\n
imprisonment already undergone by the accused during investigation,<\/p>\n
trial and during pendency of this appeal after conviction shall be set off,<\/p>\n
as provided under Section 428 Cr.P.C. With this modification in the<\/p>\n
quantum of sentence, the appeals filed by Palwinder Singh @ Pinda,<\/p>\n
Gurtek Singh @ Teki, Jaswinder Singh @ Manna and Jaswinder Singh<\/p>\n
@ Binda are dismissed.\n<\/p>\n<\/p>\n
(Mehtab S.Gill)                                      (Ram Chand Gupta)\n      Judge                                                Judge\n\nDecember 8, 2009\nmeenu\nNote:          Whether to be referred to reporter?              Yes\/No.\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Palwinder Singh @ Pinda vs Unknown on 8 December, 2009 Crl.Appeal No.661-DB of 2000 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Appeal No.661-DB of 2000 Date of Decision: December 8, 2009 1.Palwinder Singh @ Pinda s\/o Gagdush Singh; 2.Iqbal Singh @ Satwinder Singh s\/o Jagdish Singh, both residents […]<\/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-47169","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nPalwinder Singh @ Pinda vs Unknown on 8 December, 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\/palwinder-singh-pinda-vs-unknown-on-8-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Palwinder Singh @ Pinda vs Unknown on 8 December, 2009 - 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