Mukundakam Sharma JUDGMENT
Dalveer Bhandari, J.
1. Leave granted.
2. This appeal is directed against the judgment of the Punjab & Haryana High Court dated 4.4.2008 delivered in Criminal Appeal No. 163-DB of 1999.
3. Brief facts which are necessary to dispose of the appeal are in nutshell as under:
The appellant Gurmukh Singh in this appeal has challenged his conviction and sentence for the murder of Hazoor Singh.
4. According to the prosecution version, on 8.1.1997 in the morning, deceased Hazoor Singh had borrowed the tractor of Lal Singh and tiller of Gurbachan Singh. Gurmej Singh P.W.5, son of Hazoor Singh (deceased) was going along with Lal Singh to return the tractor at the Dera of Gurbachan Singh. On the way, accused Gurmukh Singh, son of Dayal Singh, accompanied by the co-accused Niranjan Singh, Harbhajan Singh and Manjit Singh armed with lathis, whose Dera was nearby came and stopped the tractor. The appellant raised a lalkara that Hazoor Singh and his son should not be allowed to pass through the passage of which there was a dispute between the parties. Hazoor Singh was following the tractor. He advised the appellant to desist from stopping the tractor on which the appellant gave a lathi blow on the head of the deceased Hazoor Singh rendering him unconscious, resulting in his fall on the ground. Jagtar Singh, P.W.4 brother of the deceased, witnessed the incident and reached the spot. Gurdip Singh and Puran Singh also reached there. Jagtar Singh had caught Gurmukh Singh. In the process, Gurmej Singh P.W.5 was also given lathi blow by Niranjan Singh. Gurmej Singh also caused injuries to Harbhajan Singh and Niranjan Singh. The deceased was taken to the hospital and on receiving the message, the Assistant Sub-Inspector of Police Jagdish Chander reached there and recorded the statement of Jagtar Singh at 7.15 p.m., leading to the registration of the First Information Report. He went to the place of occurrence, prepared rough site plan and took other steps of investigation. Injured Hazoor Singh was removed to PGI Hospital at Chandigarh, where he died on 14.1.1997 after three days on account of the head injury sustained by him.
5. The prosecution examined Dr. Rajinder Kumar P.W.1 who examined Hazoor Singh at 4.55 p.m. on 8.1.1997 and referred him to the Civil Hospital, Karnal, Dr. R. M. Singh P.W.2 who conducted the post-mortem examination on 15.1.1997, Balkar Singh Patwari P.W.3 who prepared the site plan, Jagtar Singh, P.W.4 author of the FIR and eye witness, Gurmej Singh, P.W.5 another eye witness and ASI Jarnail Singh P.W.6 who proved the investigation.
6. Dr. Rajinder Kumar P.W.1 who examined the deceased found the following head injury:
Depression of skull bone at both parietal region at top, swelling both parietal region whole. No abrasion, no bruise visible. Advise X-ray skull A.P. lateral and obliquely.
7. According to the Doctor, the cause of death of the deceased was the head injury sustained by him, which was sufficient to cause death in the ordinary course of nature.
8. It may be pertinent to mention here that the appellant Gurmukh Singh was accompanied by co-accused Niranjan Singh, Harbhajan Singh and Manjit Singh. Except the appellant Gurmukh Singh, all other accused were acquitted by the trial court, whereas the appellant Gurmukh Singh was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 1,000/-, in ........