{"id":70537,"date":"2011-01-24T00:00:00","date_gmt":"2011-01-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/gurdial-singh-ors-vs-state-of-punjab-on-24-january-2011"},"modified":"2017-05-02T21:24:26","modified_gmt":"2017-05-02T15:54:26","slug":"gurdial-singh-ors-vs-state-of-punjab-on-24-january-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/gurdial-singh-ors-vs-state-of-punjab-on-24-january-2011","title":{"rendered":"Gurdial Singh & Ors vs State Of Punjab on 24 January, 2011"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Gurdial Singh & Ors vs State Of Punjab on 24 January, 2011<\/div>\n
Author: H S Bedi<\/div>\n
Bench: Harjit Singh Bedi, P. Sathasivam, Chandramauli Kr. Prasad<\/div>\n
                                                                                 1\n\n\n\n\n     [REPORTABLE]\n\n              IN THE SUPREME COURT OF INDIA\n              CRIMINAL APPELLATE JURISDICTION\n\n             CRIMINAL APPEAL NO. 261 OF 2006\n\nGurdial Singh & Ors.                                .....Appellants\n\n                Vs.\n\nState of Punjab                                     .....Respondent\n\n           WITH Criminal Appeal No. 878 of 2007\n\nHARJIT SINGH BEDI,J.\n<\/pre>\n
1.   The appellants herein, Gurdial Singh now aged 85 years,<\/p>\n
his brother Bakshish Singh, now aged 70 years, and Darshan<\/p>\n
Singh now aged about 35 years were brought to trial and<\/p>\n
convicted for offences punishable under Section 302\/34 etc. of<\/p>\n
the IPC and sentenced to life imprisonment by the Trial Court.<\/p>\n
The High Court dismissed the appeal filed by them and the<\/p>\n
matter is before us after grant of special leave.<\/p>\n
2.   The facts are as under:\n<\/p>\n
3.    A drain carrying the village sewage ran across the house<\/p>\n
of Gurdial Singh appellant. He attempted to divert the course
\n                                                                 2<\/span><\/p>\n
of the drain away from his house towards the house of Buta<\/p>\n
Singh deceased.    A civil suit was accordingly filed by Buta<\/p>\n
Singh   against   Gurdial   Singh   for   restraining   him   from<\/p>\n
constructing the new drain.    It appears that the appellants<\/p>\n
had a grudge against Buta Singh and his family on that<\/p>\n
account.   At about 8 a.m. on the 10th September 1995,          as<\/p>\n
Buta Singh and his brother Gurbachan Singh were going<\/p>\n
towards their fields, they were way-laid in front of the village<\/p>\n
Gurdwara by Gurdial Singh,          Bakhshish Singh, Darshan<\/p>\n
Singh, the appellants herein, and in addition Amrik Singh,<\/p>\n
Joginder Singh, Kulwant Singh and Balwant Singh. Gurdial<\/p>\n
Singh was armed with a Gandasi whereas the others were<\/p>\n
armed with Dangs. As the accused were taking measurements<\/p>\n
for the construction of the drain, Buta Singh raised an<\/p>\n
objection on which Gurdial Singh raised a lalkara exhorting<\/p>\n
the others to teach a lesson to Buta Singh.        Gurdial Singh<\/p>\n
then gave a Gandasi blow on the head of Buta Singh whereas<\/p>\n
the other accused attacked Buta Singh with their dangs. PW5<\/p>\n
Kulwinder Kaur, daughter-in-law of Buta Singh witnessed the<\/p>\n
occurrence. She raised an alarm which attracted her husband
\n                                                               3<\/span><\/p>\n
PW-7 Gurmeet Singh.      Kulwant Singh and Darshan Singh<\/p>\n
gave injuries to him. PW Kulwinder Kaur also intervened but<\/p>\n
was chased away by Gurdial Singh, Balwant Singh, Amrik<\/p>\n
Singh and Joginder Singh and after entering her house<\/p>\n
Joginder Singh gave a dang blow on her left upper arm and<\/p>\n
when Mohinder Kaur, sister of PW Gurmeet Singh attempted<\/p>\n
to intervene Gurdial Singh gave a gandasi blow from its<\/p>\n
reverse side on Kulwinder Kaur and Balwant Singh and Amrik<\/p>\n
Singh caused dang blows to Kulwinder Kaur. Chint Kaur, wife<\/p>\n
of Buta Singh was also inflicted injuries by Gurdial Singh.<\/p>\n
The injured were thereafter removed to the hospital and<\/p>\n
information about their admission was conveyed to the police<\/p>\n
post. PW11 Rajesh Kumar, ASI also received the Medico-legal<\/p>\n
reports in respect of Buta Singh, Gurmeet Singh, Chint Kaur,<\/p>\n
Mohinder Kaur and Kulwinder Kaur in the Police Station. The<\/p>\n
ASI   immediately   reached   the   hospital   and   moved   an<\/p>\n
application at 11.30 a.m. to find out if the injured were fit to<\/p>\n
make a statement. The doctor opined that they were unfit to<\/p>\n
do so. The ASI again went to the hospital at 8.30 p.m. and<\/p>\n
moved another application as to the fitness of the injured and
\n                                                              4<\/span><\/p>\n
the doctor   reiterated that Buta Singh and Gurmeet Singh<\/p>\n
were unfit to make their statements but Kulwinder Kaur,<\/p>\n
Mohinder Kaur and Chint Kaur were found fit for the purpose.<\/p>\n
The ASI then recorded the statement of Kulwinder Kaur and<\/p>\n
on its basis the First Information Report under Section 307<\/p>\n
etc. of the IPC was registered. The injured were also medically<\/p>\n
examined and it was found that Gurmeet Singh had 8 injuries<\/p>\n
in all, with injury No.1 being caused by a sharp edged weapon<\/p>\n
and injury No.2 being grievous in nature.     Chint Kaur was<\/p>\n
found to have two simple injuries, Mohinder Kaur one simple<\/p>\n
injury and Kulwinder Kaur three simple injuries. The doctor<\/p>\n
also examined Buta Singh at 11.20 a.m. and found two<\/p>\n
injuries on his person;\n<\/p>\n
      1. A lacerated wound 3.5 cm x = cm x bone
\n         deep on the left side of the scalp 8 cm
\n         lateral to the mid-line and 5 cm behind the
\n         anterior hair line. Bleeding was present.\n<\/p><\/blockquote>\n
      2. A lacerated wound 2 cm x = cm x bone
\n         deep on the left side of the scalp 3 cm
\n         lateral to the midline and 5 cm medical (sic)
\n         to injury No.1. Bleeding was present.\n<\/p><\/blockquote>\n
The doctor also kept the injuries under observation and<\/p>\n
opined that injury No.1 could be caused from the reverse side
\n                                                                 5<\/span><\/p>\n
of a Gandasi.    He also opined that both the injuries were<\/p>\n
grievous in nature. Buta Singh expired at the 7.30 p.m. on<\/p>\n
the 17th September 1995 and his body was subjected to a<\/p>\n
post-mortem examination and the two injuries, noted above,<\/p>\n
were found thereon. On the completion of the investigation,<\/p>\n
all seven accused were charged for offences punishable under<\/p>\n
Sections 148,302, 323 and 324 read with Section 149 of the<\/p>\n
Code. They pleaded not guilty, and were brought to trial. The<\/p>\n
trial court relying on the evidence of PW5, PW7 and PW10, the<\/p>\n
injured three eye witnesses, held that the prosecution story in<\/p>\n
so far as the three appellants was proved beyond doubt, but<\/p>\n
the other accused, namely Amrik Singh, Joginder Singh,<\/p>\n
Kulwant Singh and Balwant Singh were entitled to benefit of<\/p>\n
doubt and they were accordingly acquitted.       The plea of the<\/p>\n
right of private defence and that, if at all, the case fell within<\/p>\n
the ambit of Section 304 Part II read with Section 34 of the IPC<\/p>\n
was repelled.   An appeal was thereafter taken to the High<\/p>\n
Court by the three appellants.      The appeal was dismissed,<\/p>\n
leading to the present proceedings.\n<\/p>\n
                                                               6<\/span><\/p>\n
4.   The learned counsel for the appellants has argued that in<\/p>\n
the light of the fact that Bakhshish Singh appellant had<\/p>\n
received an injury in the same incident which had not been<\/p>\n
explained by the prosecution, the prosecution story itself was<\/p>\n
in doubt and the accused-appellants were entitled to acquittal<\/p>\n
on that basis. It has also been pleaded that the trial court had<\/p>\n
found that four of the accused were not involved in the<\/p>\n
incident and it was thus apparent that the present case was<\/p>\n
one of false implication on account of animosity between the<\/p>\n
parties over the construction of the drain. It has finally been<\/p>\n
pleaded that there was absolutely no evidence to show that the<\/p>\n
appellants had an intention to commit murder as the Doctor<\/p>\n
had opined that the two injuries on Buta Singh had been<\/p>\n
caused by the reverse side of the Gandasi whereas the other<\/p>\n
injuries on the person of the PW’s had been caused with dangs<\/p>\n
and as such the case fell under Section 304 Part II and not<\/p>\n
under Section 302 of the IPC. The learned State counsel and<\/p>\n
the complainant’s counsel have, however, controverted the<\/p>\n
stand and pointed out that the trial court and the High Court<\/p>\n
had given categorical findings that the appellants were
\n                                                              7<\/span><\/p>\n
involved in a case of murder and had attempted to take the<\/p>\n
law into their hands and attempted to construct the drain<\/p>\n
despite the injunction order made by the Civil Court.<\/p>\n
5.     We have heard the learned counsel for the parties and<\/p>\n
gone through the record very carefully. We are of the opinion<\/p>\n
that no fault can be found with the conviction of the<\/p>\n
appellants in the light of the fact that the prosecution story<\/p>\n
rests on the evidence of three injured witnesses. The incident<\/p>\n
is virtually admitted by both sides although in different<\/p>\n
circumstances as the appellants’ claim was that Bakhshish<\/p>\n
Singh had suffered injuries at the hands of the Gurdial Singh<\/p>\n
and others and that the prosecution had suppressed this part<\/p>\n
of the story. This plea has been rejected by the trial court as<\/p>\n
well as the High Court holding that the injuries suffered by<\/p>\n
Bakhshish Singh could not be related to the present incident.<\/p>\n
We are therefore of the opinion that the conviction of the<\/p>\n
appellants is fully justified on the facts of the case.    We,<\/p>\n
however, feel that a case under Section 302 of the IPC is not<\/p>\n
spelt out.   It is clear from the prosecution story that the<\/p>\n
incident happened all of a sudden when Buta Singh objected
\n                                                               8<\/span><\/p>\n
to the construction of the drain by Gurdial Singh and others in<\/p>\n
violation of an injunction order in operation. Buta Singh was<\/p>\n
apparently attacked as he was making his way to his fields<\/p>\n
when he objected to the taking of measurements as a prelude<\/p>\n
to the diversion of the drain. The evidence shows that some<\/p>\n
altercation took place on which the three appellants Gurdial<\/p>\n
Singh armed with a Gandasi and the other two with dangs<\/p>\n
caused injuries to Buta Singh and the PWs. We, however, see<\/p>\n
that the weapons used were in fact implements of common use<\/p>\n
which are normally carried by villagers all over India and they<\/p>\n
do not reflect any prior intention on the part of the accused to<\/p>\n
commit murder.    It also appears that Gurdial Singh had used<\/p>\n
the Gandasi from its blunt side as would be clear from the<\/p>\n
evidence of the doctor.   PW4 who had examined Buta Singh<\/p>\n
on the 11th September 1995 in the Dayanand Medical College<\/p>\n
Hospital, Ludhiana. He opined that both the injuries on the<\/p>\n
deceased had been caused by a blunt weapon. We, therefore,<\/p>\n
find that if the appellants had intended to murder Buta Singh,<\/p>\n
there was nothing to stop Gurdial Singh from using the<\/p>\n
Gandasi from its true side as that would have made it a much
\n                                                                          9<\/span><\/p>\n
more effective weapon.   We are, therefore, of the opinion that<\/p>\n
the appellants are liable for the offence under Section 304 Part<\/p>\n
I read with Section 34 of the IPC. We are told by the learned<\/p>\n
counsel that they have already undergone about 5 years of the<\/p>\n
sentence. In the light of this fact, and keeping in view the age<\/p>\n
factor of Gurdial Singh in particular, we feel that the ends of<\/p>\n
justice would be met if the appellants are imposed a sentence<\/p>\n
of 5 years R.I., under Section 304 Part I read with Section 34<\/p>\n
of the IPC, the other parts of the sentence being maintained as<\/p>\n
it is. With this modification in the impugned judgments, the<\/p>\n
appeals are dismissed.\n<\/p>\n<\/p>\n
                                     ……………………………….J.\n<\/p>\n
                                           ( HARJIT SINGH BEDI)<\/p>\n
                                     ……………………………….J.\n<\/p>\n
                                               ( P. SATHASIVAM )<\/p>\n
                                 …………………………………J.
\n                             (CHANDRAMAULI KR. PRASAD )<\/p>\n
January 24, 2011.\n<\/p>\n
New Delhi.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Gurdial Singh & Ors vs State Of Punjab on 24 January, 2011 Author: H S Bedi Bench: Harjit Singh Bedi, P. Sathasivam, Chandramauli Kr. Prasad 1 [REPORTABLE] IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 261 OF 2006 Gurdial Singh & Ors. …..Appellants Vs. State of Punjab […]<\/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":[30],"tags":[],"class_list":["post-70537","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nGurdial Singh & Ors vs State Of Punjab on 24 January, 2011 - 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\/gurdial-singh-ors-vs-state-of-punjab-on-24-january-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Gurdial Singh & Ors vs State Of Punjab on 24 January, 2011 - 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