BHAGWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE occurrence which had seen the death of Gurcharan Singh had taken place at about noon of 27.6.1981 in village Barawal of district Sangrur Punjab. The prosecution case is that PW 3 Karnail Singh and his brothers had applied for allotment of about 50 big has un -allotted (Bachat) land. This prayer was allowed and the possession of the land was delivered to the appellants about 20 days before 27th June on which date Karnail Singh and his brother PW 4 Jarnail Singh and their father PW 9 Gurdev Singh as well as the deceased Gurcharan Singh, were preparing wats in the land. Daljit Singh, brother of Karnail Singh, brought food for the party after taking which they retired towards the shade of a keekar tree. At that point of time it is alleged that an unlawful' assembly consisting of nine persons variously armed came and raised Lalkara that nobody should be allowed to go alive and they should be taught a lesson for getting allotted the Bachat land. In the attack which followed appellants Balbir Singh and Jawalal Singh caused injuries with gandasa on the head of the deceased, and appellant Harinder Singh on his legs. Gurcharan Singh fell down on the receipt of the blows, and while he was lying fallen on the ground, Surinder Singh (since acquitted) and appellant Bhagwan Singh started causing injuries to him with the weapons they were armed. The aforesaid PWs steeped forward to rcscue Gurcharan Singh when one Jagdev Singh gave a gandasa blow on the head of Karnail Singh (PW 3) and one Rajinder Singh on his right collarbone. On this Karnail Singh fell down when he was given more blows. Appellants Bahadur Singh and Mohinder Singh caused injuries to Gurdev Singh (PW 9) and Jarnail Singh (PW 4). After having so dealt with the complainant party, Balbir Singh proclaimed that the object had been accomplished, where after the accused party made good its, escape. But before that some or the appellants had received injuries at the hands of the Karnial Singh and his companions.

(2.) GURCHARAN Singh and the injured were taken in a tractor -trolley to Civil Hospital, Dhuri where Gurcharan Singh was declared dead. Karnail Singh went to police station at Dhuri which was at a distance of about 3 miles. The information was lodged at about 3 p.m. which set the law in motion and nine persons in all were booked for trial under various sections of law including section 302/149, 325/149, 324/149 IPC. All of them came to the convicted under these sections of law along with some others by Sessions Judge, Sangrur.

(3.) BHAGWAN Singh approached this Court by filing Crl. Appeal 245/83, where as Jawala Singh, Harinder Singh and Balbir Singh arc the appellants in Crl. Appeals 687 -688/83. The SLP of Bahadur Singh and Mohinder Singh was dismissed on 18.4.1983. The review petition came to be also dismissed on 18.8.1'\3. Thereafter the SLP of Jawala Singh, Balbir Singh and Harinder Singh was admitted on 28.11.83. Bahadur Singh and Mohinder Singh felt that by dismissing their SLP they were discriminated and filed Writ Petition (Crl) 544/86, which was ordered to be tagged with the aforesaid appeals.