SWARAN SINGH Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeals Nos. 924, 993 and 1073 of 1979, by Swaran Singh; Atma Singh, Malik Singh, Pal Singh, Ajit Singh; and Mukhtiar Singh and Ram Singh appellants, respectively, are directed against the judgment of the Additional Sessions Judge, Amritsar, dated June 6, 1979, whereby all the seven appellants were tried under Section 302 read with Section 149, Indian Penal Code and lesser offences. All of them were convicted under Section 302 read with Section 149, Indian Penal Code, and sentenced to imprisonment for life and a fine of Rs. 1,000 each; in default, to undergo further rigorous imprisonment for six months. They were also convicted under Section 148, Indian Penal Code, and awarded one year's rigorous imprisonment. Besides, Mukhtiar Singh, appellant, was convicted under Section 326, Indian Penal Code, and awarded one year's rigorous imprisonment and a fine of Rs. 500; in default, to undergo further rigorous imprisonment for four months. The remaining appellants were convicted under Section 326 read with Section 149, Indian Penal Code, and awarded one year's rigorous imprisonment and a fine of Rs. 500, each; in default, they were ordered to undergo further rigorous imprisonment for four months. Maluk Singh, appellant was convicted under Section 324, Indian Penal Code, and awarded six months' rigorous imprisonment. The rest of appellants were convicted under Section 324 read with Section 149, Indian Penal Code, and awarded six months' rigorous imprisonment each. All the substantive sentences were ordered to run concurrently. All the appeals will be disposed of by this judgment.

(2.) THE prosecution case is that on September 16, 1978. Surnek Singh, P. W. 6 and Gurnek Singh, P. W. 7, accompanied by Jagir Singh and Shahbeg Singh had gone to the maize field of Gurnam Singh, P. W. 11, and had worked there throughout the day. At about sunset, they went to the house of Gurnam Singh, P. W. and took their meals there. At about 8 or 9 P. M. all the four left towards their joint tube-well. They had hardly gone about 17 karams away from the pucka road, when all the seven accused emerged from the cotton field of Narain Singh. Mukhtiar Singh, accused, aged 65 years, resident of village Sabhra, was armed with kirpan, Exhibit P-15, Ram Singh, accused, aged 45 years, his brother; resident of another village Sangwan; Atma Singh, accused, aged 61 years; Swaran Singh, accused, aged 70 years; Pal Singh, accused, aged 27 years; and Ajit Singh, accused, aged 50 years, residents of village Bagupura, were also carrying kirpans. Besides their co-accused, Maluk Singh, aged 49 years, resident of village Bagupura, was armed with a gandasi. Mukhtiar Singh, accused, exhorted his companions not to allow their enemies to go. Provoked by the same, Ram Singh, Ajit Singh and Atma Singh, accused, inflicted kirpan blows on the head of Jagir Singh as a result of which, he fell down. Thereafter, Mukhtiar Singh,accused, opened attack and showered blows with his kirpan on the neck of Jagir Singh. Pal Singh and Swaran Singh, accused, also attacked with their kirpans.

(3.) ACCORDING to the further prosecution story, Surnek Singh, P. W. , in order to protect Jagir Singh, inflicted blows with kirpan on Maluk Singh, accused, who, in turn, made former the target of his gandasi blow. Jagir Singh succumbed to the injuries at the spit. This made Surnek Singh. Gurnek Singh, P. Ws. , and Shahbeg Singh, to take to their heels out of fear. They were chased by the accused. Shahbeg Singh was made the target of blows by Mukhtiar Singh,ram Singh and Ajit Singh, accused, who hit him on his head. When Shahbeg Singh fell down, he was showered further blows by Pal Singh, Swaran Singh, Atma Singh and Maluk Singh, accused, with their respective weapons, as a result of which, Shahbeg Singh died on the spot. Surnek Singh, P. W. , is stated to have inflicted some kirpan blows on some of the accused in self-defence. In turn, he was inflicted blows on his left wrist and the back of his left hand by Mukhtiar Singh, accused. Thereafter, all the accused ran away carrying the weapons of offence with them. On hearing alarm, Gurbej Singh, brother of Surnek Singh P. W. , and Mukhtiar Singh reached the spot. They were left at the spot. Surnek Singh, P. W. , accompanied by Gurmei Singh, went to the Police Station Patti which was situated at a distance of 2 miles from the place of occurrence. The case was registered by S. I. Pritam Singh, P. W. 17, for the commission of the murders and other lesser offences on the basis of a statement by Surnek Singh, P. W. at 11-15 P. M.