KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants who are three in number with their father, Virsa Singh (Accused No.1) and brother Tara Singh (Accused No. 3) [since deceased] were charged for commission of an offence under Sections 148/302/323/149 of the Indian Penal Code.

(2.) The incident took place at about 10.30 a.m. on 13-06-1987. Admittedly, the family of the deceased and the appellants belong to the same village. They have agricultural lands. The parties had disputes both as regard boundaries of their agricultural land as also as regard irrigation of their respective field. On the day of the incident, Kartar Kaur (deceased) brought food for her sons Avtar Singh and Balkar Singh (P.W. 5 and P.W. 6) who were working in their agricultural field. When they finished taking their meals, Virsa Singh (Accused No.1) armed with 'Takwa', Kulwant Singh (Appellant No.1) and Tara Singh (Accused No. 3) armed with 'Kirpan' each, Sahiba Singh (Appellant No. 2) armed with 'Barchha' and Darbara Singh (Appellant No. 3) armed with 'Kappa' came near the informant and the deceased from the side of their tubewell. Virsa Singh, allegedly, exhorted the complainant and the deceased to be ready as they had come to teach them a lesson for scrapping the boundaries of the fields; whereupon the first informant Partap Singh, since deceased, and Balkar Singh along with the mother got up. It is contended that Sahiba Singh gave one Barchha blow to Partap Singh in his abdomen and another blow just below his right shoulder in the chest, whereas Virsa Singh assaulted Pratap Singh with Takwa on the back of his right hand. Kartar Kaur, mother of the informant, who had tucked her salwar as she waded through the water, came forward and she was given a blow with Kirpan by Kulwant Singh on the back of her left leg, whereupon she fell down. Even thereafter Tara Singh is said to have given Kirpan blow on her left thigh and Virsa Singh gave two Takwa blows on her both wrists.

(3.) Avtar Singh and Balkar Singh who examined themselves as P.W. 5 and P.W. 6 respectively came forward to rescue their mother and brother whereupon Sahiba Singh is said to have given Barchha blow in the abdomen of Avtar Singh (P.W. 5) and another blow on his left thigh. Accused No. 1 allegedly gave blunt side Takwa blow on Balkar Singh (P.W. 6) on the back of his right hand.