BAGHERA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Banta Singh son of Santa Singh aged 45 years resident of village Hambal-Was Jakhepal reported to the police in Police Station, Sunam, district Sangrur, around 12.15 A.M. on 30th August, 1986 that five persons named Baghera Singh, Labh Singh, Sher Singh, Nahar Singh and Karnail Singh had come to his tubewell Kotha in Thehwala field around 9.00 P.M. on the previous night wherein Banta Singh, Jita Singh and Nek Singh three sons of Amar Singh were fitting the engine on the bore & asked them as to why they had not given them their turn of canal water on the previous evening. Baghera Singh proclaimed that they should be taught a lesson for doing so.

(2.) At the relevant time Labh Singh, Sher Singh and Karnail Singh were armed with a Gandasa each while their other two companions named Nahar Singh and Baghera Singh had a ghop each. Baghera Singh gave a Ghop blow to Banta Singh on the upper part of his abdomen towards its upper side. Labh Singh gave Nek Singh a Gandasa blow from the reverse side on his head. Sher Singh gave a Gandasa blow from the reverse side to Nek Singh on his left wrist. Nahar Singh gave a Ghop blow to Nek Singh on his right flank. Baghera Singh also gave a Ghop blow to Nek Singh on his right hip. Karnail Singh gave a Gandasa blow to Jita Singh on his head, Sher Singh gave two Gandasa blows to Jita Singh from the reverse side on his left elbow and little finger of the left hand. Banta Singh died on the spot.

(3.) All the five accused were charged with the commission of offences under Sections 148, 302/149, 326/149, Baghera Singh was individually charged with the commission of offences under Sections 302, 324/149 and 323/149 of the Indian Penal Code. Nahar Singh was individually charged for the commission of offences under Sections 324/149 and 323/149 while Sher Singh co-accused was charged individually for the commission of offence under Section 324 of the Indian Penal Code as well. All the five accused, however, pleaded 'not guilty' to the charges framed against them and claimed to be tried.