DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dalip Singh, the appellant before us, and five others, namely Arjan Singh, Shabeg Singh, Manjit Singh, Rachhpal Singh and Gurdev Singh were tried by the Special Court, Ferozepur for rioting, murder and other related offences. The trial ended in conviction of the appellant under Sections 148 and 302, IPC and of the others under Sections 148, 323 and 324, IPC. Aggrieved thereby, only the appellant has moved this Court by filing this statutory appeal.

(2.) (a) The case of the prosecution is that in the morning of February 13, 1984 Shabeg Singh (P.W. 6), Bagicha Singh (P.W. 7) and Mohinder Singh (the deceased) went to their field to see the water outlet when the six accused arrived there armed with various weapons. Dalip Singh gave out that they would not permit the flow of water from the outlet. When Mohinder Singh retorted to his such threat, Dalip Singh gave two blows on the head of Mohinder Singh with a gandasa as a result of which he fell down. When Bagicha Singh (P.W. 7) tried to intervene, Shabeg Singh gave a takwa blow on his head. Rachhpal Singh then gave a takwa blow on his back and Manjit Singh a dang blow on his right arm. When Shabeg Singh (P.W. 6) raised an alarm, Baldev Singh gave a kassia blow on his head and Arjan Singh two dang blows on his left arm. To defend themselves when the complainant party assaulted Rachhpal Singh, the accused persons left the place.

(3.) The accused pleaded not guilty to the charges levelled against them and their version of the incident was that in the morning of the fateful day when Kala Singh (D.W. 3), Jasbir Singh and Balkar Singh were constructing a water channel beyond the field of Mohinder Singh and others in terms of an agreement with Tubewell Corporation, Mohinder Singh, Shabeg Singh (P.W. 6) and Bagicha Singh (P.W. 7) came there armed with deadly weapons. While Mohinder Singh had a gandasa with him, the other two had a takwa and a kasouli respectively. Reaching there they gave out that an outlet should be kept for their field before any other construction was made to which Kala Singh replied that he could not oblige them unless directed by their overseer. Then they started demolishing the water channel and, when Kala Singh and his men objected, Mohinder Singh gave a gandasa blow to Rachhpal Singh. To defend himself Rachhpal Singh then gave a kasouli blow to Mohinder Singh. According to the defence accused Dalip Singh (appellant), Arjan Singh and Shabeg Singh were not even present there.