MEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two Criminal Appeals arising out of the judgment dated 24.8.2001 passed by learned Additional Sessions Judge, Amritsar convicting the accused-appellants in Crl.A.No.508-DB of 2001 and Crl.A.No.876-DB of 2003 for the offence under Sections 302/323/34 IPC. Vide separate order of even date, accused-appellants Kulwant Singh @ Bau, Lakhwinder Singh @ Kinda and Mehar Singh @ Mehma were sentenced to undergo imprisonment for life and a fine of Rs.1000/- each and in case of default of payment of fine further rigorous imprisonment for three months for offence punishable under Section 302/34 IPC. All the aforesaid three accused-appellants were further sentenced to undergo rigorous imprisonment for six months for the offence under Section 323/34 IPC for inflicting injuries on Bhagga Singh and Tarsem Singh. Accused- appellant Baljinder Singh @ Ladi was sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/- and in case of default of payment of fine further rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for six months for an offence under Section 323/34 IPC for inflicting injuries on the deceased Bhagga Singh.

(2.) Accused-appellant Mehar Singh @ Mehma, it appears has inadvertently filed another appeal bearing Crl.A.No.876-DB of 2003 through a separate Advocate against the aforesaid order/judgment of conviction and sentence dated 24.8.2001 passed by the learned Additional Sessions Judge, Amritsar.

(3.) Case of the prosecution is unfolded by the statement (Ex.PE) given by Balwinder Kaur (PW4) W/o Bhagga Singh, Mazbhi to SI/SHO Paramjit Singh (PW8), Police Station-Valtoha, Tehsil Patti, District Amritsar on 12.7.1998 at 7.40 AM in the area of Bus Stand Valtoha. Balwinder Kaur (PW4) stated that she was resident of Village Valtoha and was married with Bhagga Singh son of Kala Singh Mazbhi, R/o Valtoha about 30 years back from the date of occurrence. She stated that she has six children out of which three are sons and three are daughters. As per her statement, at some distance from their residence, they had a common site where her husband's elder brother Jagga Singh resided, who had died about 8/9 years back from the date of occurrence and Charno W/o Jagga Singh got re-married with Mehar Singh @ Mehmi, who was now residing in the residential site of Jagga Singh. Adjoining to this site, her husband purchased vacant plot, where they had constructed a pucca 'Kotha' (Room). She stated that on 11.7.1998 at about 8.00 PM, she along with her husband Bhagga Singh tried to stretch electric wire for lighting of electric bulbs from the electric wire, which crossed from house of said Jagga Singh. Mehar Singh alias Mehma obstructed her husband to stretch wire and they exchanged hot words. In the meantime, Lakhwinder Singh @ Chhinda S/o Jagga Singh armed with Paawa, Baljinder Singh @ Ladi son of Jagga Singh armed with safedon baton R/o Valtoha and Kulwant Singh @ Bua S/o Swaran Singh Mazbhi R/o Saido at Valtoha (at that time) armed with Balla, who were already present in the house, came there. Mehar Singh @ Mehma said that Bhagga Singh should be taught a lesson for taking 'kundi' connection daily from the top of wire. On this, Kulwant Singh @ Bau gave a Balla blow to her husband Bhagga Singh, which hit on his head towards right side and her husband fell down on the ground and Lakhwinder Singh @ Chhinda gave Paawa blow on her husband Bhagga Singh while lying down, which hit on his left eye. Again Baljinder Singh @ Ladi gave two safidon dang blows on her husband while lying, which hit on his shoulders. In the meantime, her son Tarsem Singh came there on hearing raula and Mehar Singh @ Mehma picked up the sickle lying in the courtyard and gave blow on her son Tarsem Singh, which hit on his palm of left hand and gave second sickle blow on her son Tarsem Singh, which hit on the upper part of hip of left side. She raised alarm 'Mar Ditta Mar Ditta' and the assailants ran away from the spot along with their respective weapons. Balwinder Singh S/o Gurdip Singh Mazbhi, Kabal Singh son of Inder Singh Mazbhi R/o Valtoha came at the spot on hearing raula and made arrangement of vehicle and took her husband Bhagga Singh to Civil Hospital, Patti, where the doctor treated her husband but condition of her husband became worse and the doctor referred her husband to Guru Nanak Hospital, Amritsar. She stated that her husband died in the way and they came back to their house.