LAWS(SC)-1978-8-43

BHAJAN SINGH Vs. STATE OF PUNJAB

Decided On August 31, 1978
BHAJAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The five appellants have preferred this appeal under Section 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, from the judgment and order of the High Court of Punjab and Haryana in Criminal Appeal No. 636 of 1971.

(2.) The five appellants and three others were charged for various offences, punishable under the Indian Penal Code for rioting armed with deadly weapons and for causing the death of one Pakhar Singh, inflicting grievous and simple hurt to Pritam Kaur, wife of Pakhar Singh on 17-4-1970 at about 7.30 A.M. in the village Bassi of Nurpur Bedi Police Station. The Additional Sessions Judge, Patiala, found the accused not guilty of the various offences with which they were charged and acquitted them.

(3.) The State of Punjab preferred an appeal to the High Court of Punjab and Haryana against the order of acquittal. The High Court maintained the acquittal of three accused, Nikha Singh, Binder Singh and Jit Singh but reversed the order of acquittal of the appellants and convicted them under Ss. 302/149, 325/149 and 323/149 and 148 I. P. C. and sentenced them to imprisonment for life and a fine of Rs. 1000/- each for an offence under S. 302/149. They were also sentenced to rigorous imprisonment for 2 years, 1 year and 6 months for the offences under Ss. 325/149, 148 and 323/149 I. P. C. respectively.