STATE OF PUNJAB Vs. ATMA SINGH

JUDGEMENT

(1.) These appeals are inter-linked and are directed against the judgment of a Division Bench of the Punjab and Haryana High Court. By the impugned judgment the High Court allowed the appeal filed by the respondents. The appeal before the High Court was numbered as Criminal Appeal No. 406-DB of 1996. The learned Additional Sessions Judge, Amritsar had found the accused persons guilty of various offences. Accused Lal Singh was found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') while Dial Singh, Atma Singh, Sajjan Singh and Karam Singh were found guilty of offence punishable under Section 302 read with Section 149 IPC. Accused Dial Singh was also found guilty of offence punishable under Section 302 IPC while four others were found guilty of offence punishable under Section 302 read with Section 149 IPC. All the five accused persons were guilty of offence punishable under Section 148 IPC. Accused Lal Singh was found guilty of offence punishable under Section 307 IPC while accused Lal Singh, Atma Singh, Sajjan Singh and Karam Singh were found guilty of offence punishable under Section 307 read with Section 149 IPC. Accused Atma Singh, Sajjan Singh and Karam Singh were found guilty of offence punishable under Section 324 IPC. Accused Lal Singh and Dial Singh were found guilty of offence punishable under Section 324 read with Section 149 IPC. Accused Lal Singh and Dial Singh were also found guilty under Section 27 of arms act, 1959 (in short the 'Arms Act').

(2.) It is to be noted that Criminal Revision No. 279 of 1997 was filed by Atma Singh and Others and it was taken up alongwith Criminal Appeal as noted above. The High Court by the impugned judgment held that the prosecution case suffers from various infirmities and, therefore, allowed the appeal.

(3.) Prosecution version in a nutshell as unfolded during trial was as follows: