RATTAN SINGH RAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JUDGMENT:- These appeals have been filed by the three appellants against their conviction under section 302 and sentence of imprisonment for life maintained by the High Court in Criminal Appeal No. 690 of 1983 decided by the judgment dated 19/03/1984. These three appellants along with some others were prosecuted for offence under section 302, 148 read with section 149. It appears that there was some dispute about the land and the complainant party who were in possession of the agricultural land were sowing field at that moment. The accused persons (were) armed with various instruments of offence like barchi, ballam, lathies and dang. The complainant party attempted to run, but it is alleged that deceased Gaje Singh was hurt and assaulted by a number of persons as a result of which, he received as many as, 13 injuries and ultimately resulting in his death. After trial these three appellants along with some others were convicted and sentenced for various offences as per details given below: <FRM>JUDGEMENT_456_SUPP1_1988Html1.htm</FRM>

(2.) ON appeal learned Judges of the High Court after considering the evidence acquitted all others, but convicted the present three appellants Ran Singh, Dan Singh and Rattan Singh and that all the three appellants have been convicted under section 302 and sentenced to imprisonment for life and a fine of Rs. 5000.00 each. After hearing learned counsel for the parties, it is apparent that these three appellants have been convicted under section 302 and therefore, it is necessary to find out the injury inflicted by each one of them on the person of the deceased. Admittedly according to the prosecution's own case Ran Singh and Rattan Singh were carrying lathies which could be described as hard and blunt object. Such injuries on the person of the deceased were either on hands or on feet and at best what could be attributed to them could be injuries resulting in fractures. None of these two appellants could be convicted for causing injuries individually which could make out an offence under section 302. At best they could only be convicted under section 325 and maximum sentence under section 325 is seven years.