WARYAM SINGH Vs. THE STATE

JUDGEMENT

(1.) FOX the murder of one Pritam Singh, aged 60 years, resident of village Kheri in district Ropar, and for causing grievous and simple injuries to his son Jagjit Singh, aged 23 years, three persons, namely, Waryam Singh, his brother Bakhtawar Singh, aged 65 and 70 years respectively, and the latter's son Bachan Singh, aged 30 years, all residents of the same village Kheri, were tried. The trial Court, vide its judgment, dated 31st March 1970 acquitted Bachan Singh and his father Bakhtawar Singh accused, but convicted Waryam Singh under sections 302, 326 and 324, Indian Penal Code, and sentenced him to life imprisonment under section 302, to seven years' rigorous imprisonment and a fine of 1,000/ - and in default thereof to further rigorous imprisonment for two years under section 326, Indian Penal Code, and to two years' rigorous imprisonment under section 324, Indian Penal Code. The sentences of imprisonment awarded under sections 324 and 326, Indian Penal Code, were ordered to run concurrently with the imprisonment for life awarded under section 302, Indian Penal Code.

(2.) THE prosecution case, in brief, is that on 17th April, 1969 Jagjit Singh P.W. 4, his father Pritam Singh deceased and his uncle Sardara Singh P.W. 6 were working in their field known as 'Ujalwala' at about 5 -30 p.m., when two cows, two buffaloes, two Kattis and one goat belonging to the accused entered the sugarcane field of the complainants. The deceased and his two other aforesaid companions, when taking the aforesaid cattle to the cattle pond having reached the Cho, were joined in by Mehman Singh P.W. 5. At that time, Jagjit Singh P.W. 4 was carrying a Kulhari in his hands, while Pritam Singh deceased and Sardara Singh P.W. were unarmed. When they were in the middle of the said Cho, Bachan Singh, his father Bakhtawar Singh and, later on, the latter's brother Waryam Singh, all armed with Kul -haris, came from the side of their Bara and shouted to teach the complainants a lesson for taking the accused's cattle to the cattle pond and thereafter Waryam Singh opened the attack from the sharp side of his Kulhari hitting Jagjit Singh on his right hand. Bachan Singh and Waryam Singh also gave injuries to Jagjit Singh. Pritam Singh, who raised the Raula 'Mar Ditta, Mar Ditta' attracted the wrath of the accused. Bachan Singh accused inflicted two Kulhari blows on the head of the deceased. Thereafter, Waryam Singh too inflicted an injury on the head of the deceased. Thereupon, the deceased fell down. The accused inflicted further injuries on his person when he was still lying down. The deceased became unconscious. Jagjit Singh P.W. 4 then wielded his Kulhari in self -defence and caused a few injuries to Waryam Singh accused. Thereafter, the accused went away from the plate of occurrence carrying their weapons with them.

(3.) THE trial Court, while believing the prosecution story, convicted and sentenced Waryam Singh vide its judgment, dated 31st March 1970, but acquitted Bachan Singh and Bakhtawar Singh after giving them the benefit of doubt. Hence the present appeal at the instance of Waryam Singh accused alone.