AMRIK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AMRIK Singh (24), his brother Jaswinder Singh (23), one Sharam Singh (47) and his son Manmohan Singh (22), were convicted by the learned Additional Sessions Judge, Ambala, under Section 148 of the Indian Penal Code. Amrik Singh was substantively convicted under section 307 of the Indian Penal Code and under section 27 of the Arms Act and sentenced to RI for five years and one year respectively. He was also sentenced under section 323 with the aid of section 149 of the Indian Penal Code and awarded six months' RI. The accused named above were given one year's RI under section 148, two years' RI under section 307 with aid of section 149 and a fine of Rs. 500/- each, and to a further RI for six months in default. They were also convicted under section 323 and sentenced to RI for six months. One Amarjit Singh, who was serving in the Army at the relevant time, was not tried. Amrik Singh etc. appellants on the one hand and Balbir Singh PW-4 and Kuraria Ram PW-5, on the other hand had lands adjoining each other at village Mihanpur. P.S. Naraingarh. On December 5, 1984, at about 6 a.m. Balbir Singh, his brother Kuraria Ram, Ruldu Ram PW-5, Sarpanch. Sadhu Ram son of Jeona and his son Gurdial has gone to the field of Balbir Singh etc to cut sugarance crop. Amrik Singh armed with his licensed gun and the co-accused armed with a dang each, came there. Amrik Singh raised a Lalkara that Kuraria Ram etc. be taught a lesson for having passed through his Eucalyptus field Saying so, Amrik Singh fired a shot from his gun hitting Kuraria Ram on the back of his thigh and right hip. The co-accused caused three simple injuries to Balbir Singh PW-4, one simple injury to Sadhu Ram, one simple injury to Ruldu Ram, three injuries to Daulti, mother of Kuraria Ram, and one simple injury to Raghbir, another brother of Kuraria Ram and Balbir Singh with their Lathis. The injured raised alarm, which attracted Sadhu Ram and his son Gurdial PW-8. The accused persons then went away together.

(2.) THE prosecution put forward Balbir Singh PW-4, Kuraria Ram PW-5, Ruldu Ram Sarpanch PW-6 and Gurdial PW-8 to prove the prosecution version.

(3.) THE plea of the accused was that Kuraria Ram etc. were stealing sugarcane from his field which he was cultivating as Mukhtiar of Leel Singh alias Lal Chand. They were asked not to do so, but they did not stop. They in fact attacked Amrik Singh and Jaswinder Singh and gave them a beating. In private defence of his person and property, Amrik Singh and his brother caused injuries to the aofresaid people. After some time Kuraria Ram, his brothers Raghbir and Balbir Singh, Sadhu son of Kundan, Joginder and Daulti came to the house of Amrik Singh and wanted to set the same on fire in order to kill him. The above named persons were armed with Lathis and Kulharis. Amrik Singh felt danger to his life and property and fires a shot from his licensed gun to scare them away. Amrik Singh went to the police station to lodge a report giving his version but the police turned him away. He had made an application to the Dy. S.P. Naraingarh, who held an enquiry and found the above version to be correct. The plea of Sharam Singh and his son Manmohan Singh was that they were not present at the time of the occurrence, as they were busy in the Kirya ceremony of the death of mother of Sharam Singh that day. Amrik Singh and Jaswinder Singh examined Sucha Singh DW-1 to support their version. Leel Chand DW-3 was produced to show that Amrik Singh was cultivating his land as his attorney. DW-4 Constable Om Parkash and DW -5 Devi Dayal Head Constable produced record from the officer of S.P. Ambala. The record showed that Ruldu Ram Sarpanch PW-6 had made a complaint to S.P. Ambala before the occurrence describing Amrik Singh as an extremist. DW-6 who was Dy S.P. Naraingarh at the relevant time did not remember having held any such enquiry at the instance of Amrik Singh nor was any such record available from the office of Dy. S.P. Naraingarh or S.P. Ambala even though repeated attempts to obtain such a record were made. The other set of accused, namely, Sharam Singh and Manmohan Singh examined Shingara Singh PW-2 Granthi to prove that the Bhog ceremony in connection with the death of mother of Sharam Singh was held at the house of Avtar Singh, brother of Sharam Singh, on the day of the occurrence where Sharam Singh and his son remained present since morning.