JASBIR SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) On the last dates i.e. 17.1.2007, 18.4.2007, 7.8.2007, 8.10.2007 and 26.10.2010 none has appeared for the revisionists. Even today none is present for the revisionist.

(2.) Present petition is filed challenging the order of acquittal passed by the learned Trial Court dated 30.4.2003.

(3.) Case of the prosecution is that on 26.6.2000 at about 5.00 p.m., Budh Singh, complainant along-with his son Dalhit Singh alias Ladha, Jasbir Singh son of Gurbax Singh and Harwinder Singh alias Baoo son of Manak Singh, resident of village Vashoa, who was friend of his son Daljit Singh alieas Ladha went to sprang fertilizer in their fields. In the meantime, Joginder Singh, Ravail Singh and Gurmej Singh son of Kesar Singh armed with Kirpans, Harcharan Singh alias Sahbi son of Kuldip Singh armed with gandasi, Mohinder pal Singh son of Ravail Singh armed with datar, Jagtar Singh son of Gurmej Singh armed with gandasi and Parget Singh son of Gurmej Singh armed with gandasi came towards the tubewell of Budh Singh. Joginder Singh, Ravail Singh and Gurmej Singh raised lalkara that they be caught hold of and taught a lesson for demolishing khal (water course) and be killed. In order to save themselves Budh Singh and Jasbir Singh started running towards one side and Daljit Singh alias Ladha and his friend Harvinder Singh started running towards the other side. All the accused started chasing Daljit Singh alias Ladha and Harwinder Singh. Daljit Singh alias Ladha and Harwinder Singh reached in the fields of Dara Singh son of Swaran Singh which was at a distance of I =/2 kms from the land of Budh Singh then Daljit Singh @ Ladha, became out of breath and fell down due to fear of the accused. Harvinder Singh called Budh Singh and Jasbir Singh and told them that Daljit Singh alias Ladha Singh had died. The accused persons upon hearing this and after seeing Daljit Singh alias Ladha Singh lying dead went back with their respective weapons. Budh Singh and Jasbir Singh went near Daljit Singh alias Ladha but he had already died. All the accused while armed with weapons had chased them with intention to kill and due this his son Daljit Singh alias Ladha had died. Motive of commission of offence was that Joginder Singh etc., wanted to irrigate their land by forcibly carving out a khal (water course) through the land of Jasbir Singh and they used to stop them. Budh Singh left Jasbir Singh and Harwinder Singh near the dead body and he was going to lodge a report with the police where he met Inspector Gian Singh near Railway Crossing and he got his above noted statement Ex.PA recorded with the Inspector Gian Singh which was readover and explained to him and he signed the same in token of its correctness which was attested by Inspector Gian Singh. Inspector Gian Singh, P.S. Majitha made endorsement upon his statement Ex. PA/2 on the basis of which the present case was registered against the accused vide FIR Ex.PA/3 bearing No. 119 dated 25.6.2000, under Sections 302,148,149 IPC. Post-mortem on the dead body of Daljit Singh alias Ladha was got conducted, viscera was sent to the office of Chemical Examiner. Spot inspection was conducted, inquest report was prepared, accused were arrested in his case. The weapons of offence were recovered, statement of the witnesses were recorded and after completion of investigation and other necessary formalities, challan against the accused was presented in the court of learned Illaqa Magistrate for commission of offence under Sections 304,148 IPC.