STATE OF PUNJAB Vs. RAJINDER SINGH

JUDGEMENT

(1.) Challenge in these appeals is to the judgment of a Division Bench of the Punjab and Haryana High Court. It has upheld the conviction of the seven accused persons convicted by the Trial Court for offences punishable under Sections 364 and 323 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC, while acquitting accused Mohan Singh, Rajinder Singh, Kulvinder Singh and Gurcharan Singh of charges relatable to Sections 302, 201 read with Section 149 IPC. Originally, there were nine accused persons out of whom two were acquitted by the Trial Court.

(2.) Criminal Appeal Nos. 1152 to 1154 of 2003 have been filed by the State questioning the acquittal while other appeals have been filed by the convicted accused persons.

(3.) Background facts, as projected by the prosecution are as follows : At about 4.00 P.M. on 23.09.1996 Surjit Kaur, (PW-3) the wife of Darshan Singh and the resident of village Dhadrian along with her son Sukhjinder Singh, her father Jangir Singh, her brother Mohinder Singh and cousin Surjit Singh were present in her house whereas her husband Darshan Singh had gone to the fields. In the meanwhile, her father-in-law Mohan Singh armed with a gandasa, Kulwinder Singh and Bhola Singh, son of Hardial Singh, Hardial Singh and Gurnam Singh armed with a dang each, Rajinder Singh armed with an axe and Santa Singh (hereinafter referred to as Lamberdar) empty handed and two unidentified persons all armed with Dangs came in a jeep. Accused Mohan Singh raised a lalkara that the complainant party should be taught a lesson for taking possession of the land and the Dera. The accused persons opened attack on the complainant party causing injuries to Surjit Kaur and Sukhjinder Singh, Jangir Singh, Mohinder Singh, Surjit Singh and Darshan Singh came to the spot and raised an alarm on which the accused persons went towards that side and gave a beating to Jangir Singh (hereinafter referred to as the deceased) and took him away. Surjit Kaur and other persons injured were thereafter taken to the Primary Health Centre, Longowal. Information was sent to the police station on which investigation was started.