GAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard. Briefly stated, the facts are that Swaran Singh son of Harsha Singh complainant is a resident of village Gurusar Jodhan and is doing farming. During the Sarpanch elections, they had supported Mota Singh against Sucha Singh son of Lakhmir Singh. Mota Singh had won the election and on that score Sucha Singh had become Inimical to them.

(2.) On 18/19-7-1999 at about 9.30 P.M., Swaran Singh. Resham Singh and Lakhwinder Singh were sitting in the Dhant of the complainant. His Bua Joginder Kaur alias Jindo widow of Sucha Singh, resident of village Mamlot, who was living with them was also sitting there in the courtyard. The electric bulbs were burning in the courtyard, in the meantime, Sucha Singh, Gajjan Singh and Balkar Singh sons of Lakhmir Singh armed with Gandasa, Takua and Dang respectively. Daljit Singh son of Gajjan Singh armed with Gandasa Jaskaran Singh alias Gala armed with Gandhali, Paramjit Singh son of Dalip Singh armed with Kasia entered the house of the complainant by pushing open the door. When Smt. Joginder Kaur alias Jindo rushed to close the door, then Balkar Singh petitioner gave a Lalkara and told Sucha Singh to hit the old lady with the Gandasa as she was the root cause of all the problems. On saying so, Daljit Singh and Jaskaran Singh alias Gola caught hold of Joginder Kaur from both her hands/and Paramjit Singh son of Daljit Singh pushed her from behind while Sucha Singh gave a Gandasai blow on her head which hit her above the left side of the ear; Jaskaran Singh gave Gandhalt blow on her forehead which hit above the eyebrow of her right eye and she fell down. Swaran Singh complainant alongwith Resham Singh etc., rushed towards the accused to rescue Joginder Kaur but they moved towards them leaving Joginder Kaur. Gajjan Singh gave a Takua blow on the head of Swaran Singh complainant with an intention to kill hint which hit him on his head near his locked hair (Jura): Balkar Singh gave a Dang blow on left wrist of the complainant while Daljit Singh gave Takua blow from reverse side to Resham Singh which hit him on the back side of right shoulder. Paramjit Singh gave a blow with reverse side of his Kasia on the left side of the shoulder of Resham Singh. Sucha Singh gave a Gandast blow from its reverse side on the head of Lakhwinder Singh who felt down with his mouth towards ground while Paramjit Singh gave a blow with the reverse side of his Kasia to Lakhwinder Singh on the right side of his back. They also caused injuries to Gallan Singh. Joginder Kaur died at the spot. The complainant and other persons raised an alarm and then the accused ran away with their respective weapons.

(3.) The learned D.A.G. Punjab contended that the petitioners alongwith their co-accused had come together after arming themselves with deadly weapons. While Daljit Singh and Jaskaran Singh caught hold the arms of Joginder Kaur. Sucha Singh had given Gandast blow on her head near the left ear. Further Jaskaran Singh alias Gala gave a Gandhast blow on the forehead of Joginder Kaur which hit the eyebrow of her right eye. When the complainant and his companions tried to rescue Joginder Kaur, Gallan Singh petitioner gave a Takua blow on the head of the complainant and further Balkar Singh gave a Lathi blow on his left wrist while Paramjit Singh had given a Kasia blow on the left shoulder of Resham Singh.