AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two appeals arise out of the common judgment dated 27.03.2009 passed in Criminal Appeal No.916-DB/2006 of the High Court of Punjab & Haryana at Chandigarh. The second accused is the appellant in Criminal Appeal No.1475/2010. Accused Nos. 4 to 9 are the appellants in Criminal Appeal No.1476 of 2010.

(2.) According to the case of prosecution, there was a civil suit pending as between Hansa Singh (PW-11) and Surjit Singh S/o Kundan Singh (DW- 2) at Samana (Punjab), that there was also an interim order granted by the Civil Court in favour of Hansa Singh (PW-11) as against Surjit Singh, that after hearing was over on 09.04.2003 in the Civil Court, the complainant party returned back home and were present at the house of PW-10 Harmesh Singh s/o Amarjit Singh in the evening. At that time, one Desa Singh, uncle of Harmesh Singh (PW-10) came and informed that some persons had gathered near the land with reference to which the litigation was pending in the Court at Samana and that they might harvest the crops belonging to Hansa Singh (PW-11). On hearing the said information, Harmesh Singh (PW-10) along with his father the deceased Amarjit Singh, his uncle Hansa Singh, Ujagar Singh s/o Chuman Singh, Paramjit Singh s/o Surjit Singh, Karnail Singh s/o Phuman Singh, Surjit Singh s/o Atma Singh, Darshan Singh s/o Surjeet Singh, Teja Singh s/o Karta Singh, Ranjit Singh s/o Phuman Singh all residents of Bhatian village proceeded towards the field of Hansa Singh at about 7.30 p.m., that when they reached the bandh of Bhatian Dam near the lands of Darshan Singh, the accused, namely, Kirpal Singh, Raminder Singh s/o Arjun Singh, Mitt Singh, Resham Singh with swords in their hands, Balbir Singh, Jagtar Singh, Fateh Singh armed with gandasis, Raghbir Singh, Avtar Singh armed with barchhis all residents of Dera Amritsaria, Shiv Majra and Kulwant Singh s/o Surjit Singh also with a sword rushed towards them raising a lalkara, that Kirpal Singh gave a sword blow upon the head of Amarjit Singh, father of Harmesh Singh (PW-10) while Raminder Singh gave a blow of sword on the left arm of the deceased Amarjit Singh and Kulwant Singh attacked the deceased on his feet and Balbir Singh, Jagtar Singh and Fateh Singh also attacked the deceased with their weapons. Raghbir Singh with his barchhi, Mitt Singh with his sword, Resham Singh also with a sword and Avtar Singh with a barchhi attacked Paramjit Singh, Ujagar Singh, Surjit Singh, Hansa Singh and Karnail Singh and inflicted injuries upon them. Due to the injuries the deceased Amarjit Singh fell down, that when the complainant went running towards the place of occurrence, the accused party fled away from the spot with their respective weapons. The deceased was stated to have been taken to the civil hospital where he was declared dead by the doctor. The other injured persons were also treated at the very same hospital, and that the statement of PW-10 was recorded at 10.35 p.m. which was forwarded to the police station at PHG, Guhla which came to be registered as FIR No. 51 dated 09.04.2003. Thereafter PW-15 Sub-Inspector took up the investigation, inspected the place of occurrence recorded the statement of witnesses, collected the opinion of doctors, prepared the draft sketch, collected blood stained earth from the place of occurrence, took steps for the arrest of the accused and based on the admissible portion of their confessional statement recovered the weapons and filed the final report before the Court. The case was committed to the Court of Sessions where the appellants along with three other accused came to be charge sheeted for the offences punishable under Sections 148, 302, 326, 325, 324,323 read with Section 149 IPC.

(3.) On the side of the prosecution as many as 16 witnesses were examined and 87 Exhibits were marked. In the 313 questioning, the accused denied all the allegations against them. DWs-1 to 7 were examined on the defence side. Based on the evidence placed before the trial Court, all the accused were found guilty of the offences alleged against them and they were convicted and sentenced to rigorous imprisonment for six months and pay a fine of Rs.1000/- each for the offences under Section 148 IPC and in default of payment of fine to undergo simple imprisonment for a period of two months each, life imprisonment for each for the offence under Section 302 IPC, RI for three years and to pay fine of Rs.2000/- each and in default of payment of fine to undergo simple imprisonment for a period of three months for the offence under Section 326 IPC, rigorous imprisonment for a period of two years along with a fine of Rs.2000/- each and in default to undergo simple imprisonment for a period of two months each and for the offence under Section 325 IPC rigorous imprisonment for a period of one year along with a fine of Rs.2000/- each and in default to undergo simple imprisonment for a period of two months each. All the sentences were to run concurrently.