BHAGWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The occurrence which had seen the death of Gurcharan Singh had taken place at about noon on 27/6/1981 in Village Barawal of District Sangrur, Punjab. The prosecution case is that Public Witness 3 Karnail Singh and his brothers had applied for allotment of about 50 bighas unallotted (Bachat) land. This prayer was allowed and the possession of the land was delivered to the appellants about 20 days before 27th June on which date Karnail Singh and his brother Public Witness 4 Jamail Singh and their father Public Witness 9 Gurdev Singh as well as the deceased Gurcharan Singh, were preparing wats in the land. Daijit Singh, brother of Karnail Singh, brought food for the party after taking which they retired towards the shade of a keekar tree. At that point of time it is alleged that an unlawful assembly consisting of nine persons variously armed came and raised lalkara that nobody should be allowed to go alive and they should be taught a lesson for getting allotted the Bachat land. In the attack which followed appellants Balbir Singh and Jawala Singh caused injuries with gandasa on the head of the deceased, and appellant Harinder Singh on his legs. Gurcharan Singh fell down on the receipt of the blows, and while he was lying fallen on the ground, Surinder Singh (since acquitted) and appellant Bhagwan Singh started causing injuries to him with the weapons they were armed with. The aforesaid PWs stepped forward to rescue Gurcharan Singh when one Jagdev Singh gave a gandasa blow on the head of Karnail Singh (Public Witness 3 and one Rajinder Singh on his right collar bone. On this Karnail Singh fell down when he was given more blows. Appellants Bahadur Singh and Mohinder Singh caused injuries to Gurdev Singh (Public Witness 9 and Jamail Singh (Public Witness 4. After having so dealt with the complainant party, Balbir Singh proclaimed that the object had been accomplished, whereafter the accused party made good its escape. But before that some of the appellants had received injuries at the hands of Karnail Singh and his companions.

(2.) Gurcharan Singh and the injured were taken in a tractor-trolley to Civil Hospital, Dhuri where Gurcharan Singh was declared dead. Karnail Singh went to police station at Dhuri which was at a distance of about 3 miles. The information was lodged at about 3 p. m. which set the law in motion and nine persons in all were booked for trial under various S. of law including S. 302/149, 325/149, 324/149 Indian Penal Code. All of them came to be convicted under these S. of law along with some others by Sessions Judge, Sangrur.

(3.) The convicted persons preferred three different appeals before the High court of Punjab and Haryana, all of which were heard together. By the impugned judgment the High court acquitted 3 appellants before it they being aforesaid Surinder Singh, Rajinder Singh Bawa and Jagdev Singh. Convictions of the appellants Jawala Singh, Balbir Singh, Bhagwan Singh, Harinder Singh, Bahadur Singh and Mohinder Singh under S. 325/149 and 324/149 were set aside, while their convictions inter alia under S. 302/149 Indian Penal Code were maintained.