AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) There are four appellants, namely, Amrik Singh (A-1, Ajaib Singh (A- 2, Jit Singh (A-4 and Kewal Singh (A-6. They along with four others were tried for offences punishable under S. 148, 302, 325, 324, 352 read with section 149 Indian Penal Code. The trial court convicted all of them. The trial court acquitted them of the murder charge but convicted Amrik Singh (A-1 under Section 325 indian Penal Code and sentenced him to undergo R1 for two years and to pay a fine of Rs. 500. 00. Ajaib Singh (A-2 is convicted under Section 324 Indian Penal Code and sentenced to undergo r1 for one year and to pay a fine of Rs. 250. 00. Jit Singh (A-4 is convicted under section 325 Indian Penal Code and sentenced to undergo R1 for two years and to pay a fine of rs 500. Kewal Singh (A-6 is convicted under Section 326 Indian Penal Code and sentenced to undergo R1 for 7 years and to pay a fine of Rs. 1,000. 00. The appeal preferred by them was dismissed by the High court. Hence this appeal. The case relates to an occurrence which took place on 2/06/1979 at about 8 p. m. in Village Kotia in faridkot District. The accused, the material witnesses and the deceased, Amarjit singh, belonged to the same village. According to the prosecution, there wasenmity between the prosecution party and the accused party. On the day of occurrence at about 8 p. m. Mukhtiar Singh (Public Witness II) and his brother Pritarn singh (Public Witness 12 were present in their house situated on the circular path of village Kotia. Kewal Singh, Ajaib Singh and Amrik Singh accused came there armed with gandasas and dang and started abusing Public Witness 11 and Public Witness 12. Pritam singh armed with a sela and Mukhtiar Singh armed with a dang came out and protested as to why the accused were abusing them. Then a quarrel ensued and it is stated that in the meantime the other accused also joined them armed with various weapons and Ajaib Singh exhorted his companions to attack the deceased. So saying, he opened the attack and dealt a gandasa blow from the reverse side on the head of Mukhtiar Singh. Amrik Singh gave a gandasa blow from the sharp side on the left shoulder of Pritam Singh (Public Witness 12. Jit Singh inflicted a gandasa blow from its sharp side on the left shoulder of Pritam Singh and Kewal Singh struck a gandasa blow from its sharp side on the head of amarjit Singh, deceased. During the same occurrence, it is alleged that Madan singh (A-5 dealt a blow on Public Witness 13 and Kewal Singh (A-6 gave a gandasa blow from its sharp side on his head. Ajaib Singh and Jit Singh gave one gandasa blow each to Sadhu Singh (Public Witness 15 and the accused are alleged to have dealt some more blows on these witnesses. The further case is that during the course of the same occurrence, Public Witness 11 and Public Witness 12, by way of self-defence caused injuries to Ajaib Singh, Darshan Singh and Amrik Singh. The accused after causing the injuries left the place with their weapons. Public Witness 11 and Public Witness 12 along with other injured persons including deceased Amarjit Singh were shifted to Civil Dispensary, Baghapurana. They were examined by the doctor. As the condition of the deceased and others was serious, they were referred to C. M. C. and Hospital, Ludhiana. The deceased Amarjit Singh was examined by Public Witness 18 and was treated but he died on 5/06/1979 at 10. 30 p. m. The other injured persons were also treated and X-rayed. The injured accused were also examined by the doctor and on Amrik Singh (A-1 there were 12 injuries including some incised wounds. Ajaib Singh had 7 injuries including incised wounds and darshan Singh accused also had 7 injuries. Inquest was held on the dead body of Amarjit Singh and the same was sent for post-mortem. Public Witness 19, Dr Parmodh kumar, who conducted the post-mortem found a lacerated wound on the scalp and incised wounds on the front area of the head. He also found that the blood was clotted. He opined that the injuries were sufficient in the ordinary course of nature to cause death. After completion of the investigation, the charge-sheet was filed. The plea of the accused has been that the deceased and his companions were aggressors and inflicted injuries on the accused persons and they in exercise of their right of self-defence inflicted injuries on the deceased as well as the PWs. The trial court after due consideration of the evidence held that the time and place of the occurrence and the participation of both sides in the occurrence is not in dispute and that the circumstances would indicate that it was a case of free fight and therefore each of the appellants would be liable for his individual acts.

(2.) So far as the attack on the deceased is concerned, the trial court held that the doctor could not give a satisfactory answer whether the two injuries on his head individually were sufficient in the ordinary course of nature to cause death and, when the lacerated injury which proved to be fatal was not attributed to any one of the appellants and, therefore, the other injury which were attributed to kewal Singh cannot by itself be sufficient in the ordinary course of nature tocause death and in that view of the matter convicted Kewal Singh under Section 326 Indian Penal Code and sentenced him to undergo RI for 7 years.

(3.) So far as the other three appellants are concerned, they are convicted for a their individual acts for causing injuries to Pritam Singh and Sadhu Singh. The remaining four accused were also convicted under Section 323 Indian Penal Code but they were released on probation of good conduct. The High court, however, confirmed the convictions and sentences.