MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ten accused persons including the appellants in these appeals were chargesheeted for offences punishable under Sections 302, 201, 324, 323, 148 and 149, IPC before the Sessions Judge, Hoshiarpur in Sessions Case No. 5/1996 (Sessions Trial No. 24 of 1996). The trial Court acquitted A-6 to A-9 of all the charges framed against them. It convicted A-1 to A-5 and A-10 for various offences punishable under Section 302 simplicitor. Section 302 read with Sections 149, 148, 326 read with 149, 324 read with 149, 323 made wih 149 and Section 201, IPC. It imposed a sentence of life imprisonment for offences under Sections 302, 302 read with 149 and varying sentences for other lesser offences enumerated hereinabove. An appeal filed by the convicted accused before the High Court of Punjab and Haryana at Chandigarh came to be dismissed.

(2.) Being aggrieved by the said judgment of the Courts below. Mohinder Singh A-5 and Jaswinder Singh A-10 have preferred Criminal Appeal No. 794 of 2002 and Jagjit Singh A-2 and Manjit Singh A-3 have preferred Criminal Appeal No. 750 of 2002 before this Court. Two other convicted accused, namely. Sarabjit Singh A-1 and Nirmal Singh A-4 had preferred SLPs. against the judgment of the High Court before this Court but the same came to be dismissed for default. Therefore, in the above two appeals before this Court, A-2, A-3, A-5 and A-10 are the appellants before this Court.

(3.) Brief facts necessary for disposal of the above appeals are as follows : About 2 years prior to the incident from which these appeals arise, the complainant party in this case had assaulted A-10 Jasvir Singh who is one of the appellants herein, causing serious injuries to him. On a complaint filed by said A-10 against P.W. 4 and others for offences punishable under Section 326, IPC, a case was pending in a Court at Dasuya which is about 40 kms. away from the village where the present incident took place. It is the case of the prosecution that on 11-9-1995 the said criminal case was posted for evidence and P.W. 4 and some others who were accused in the said case, had gone to Dasuya to attend the Court. At that time, A-10 was also present in the Court. The Court in that case had recorded the evidence of A-10 and adjourned the case. Thereafter, the prosecution alleges that P.W. 4 and others came back to the village. It is the further case of the prosecution that P.W. 4 along with Gurdeep Singh and Raghbir Singh (both deceased), Bikram Singh P. W. 5, Amarjit Kaur (not examined) and Sukhvir Kaur (not examined) went to their field to attend to the agricultural work, and while returning back from their fields at about 5.30 p.m., all the accused persons were waiting for them armed with datars at a place about 1 kila ahead of Dera of Puran Singh A-9, and on a Lalkara (challenge) being raised by Puran Singh and Gurcharan Singh A-7, the other accused persons assaulted Raghbir Singh and Gurdip Singh with their datars, consequent to which Raghbir Singhs head got decapitated, and he along with Gurdip Singh succumbed to his injuries. In the said incident, P.Ws. 4 and 5 also suffered minor injuries and the two ladies - Amarjit Kaur and Sukhvir Kaur were also assaulted by firts by some of the accused persons.