STATE OF PUNJAB Vs. SANTA SINGH

JUDGEMENT

(1.) A year prior, to the present occurrence, Major Singh the grandson of Santa Singh accused had died as a result of electric shock at the tubewell of Kundan Singh PW 3. The accused suspected that Kundan Singh PW 3 had killed Major Singh. However, a compromise was brought about with the intervention of the Gram Panchayat but the accused still nursed a grudge against Kundan Singh PW 3.

(2.) ON Ist April, 1990 at about 8 or 8.30 p.m. Kundan Singh PW 3 was taking his meals at his house. His wife Smt. Pritam Kumar was also present there. There was electric light. All the accused namely Santa Singh armed with Takua, Mohinder Singh armed with Barchhi, Nikka Singh armed with sua, Madan Singh armed with Takua, Bira Singh armed with kirpan and Dhira Singh armed with Gandasi came there inside the house. Santa Singh accused shouted Lalkara exhorting his co-accused that they should catch hold of Kundan Singh PW 3 and teach him a lesson for causing the death of Major Singh. Saying so, accused Nikka Singh gave a sua blow, hitting Kundan Singh on the right side of his stomach. Accused Mohinder Singh gave barchhi blow on the right side of the abdomen. Madan Singh accused gave takua blow from the blunt side using the same dangwise on the right wrist. Dhira Singh accused gave Gandasi blow from the blunt side which also hit Kundan Singh PW on his right wrist. Santa Singh accused gave Takua blow using the same from its blunt side hitting Kundan Singh on his left elbow. Bhira Singh continued raising Lalkaras that Kundan Singh PW 3 be not spared. Kundan Singh PW 3 and his wife Pritam Kaur raised alarm which attracted Massa Singh and Jagir Singh PWs. (not examined) to the spot. On their arrival and on their intervention, all the accused allegedly ran away with their respective weapons.

(3.) WE have heard Shri Randhir Singh, A.A.G. Punjab, for the appellant State, Shri A.K. Kalra, Advocate, for the respondent in both the appeals and carefully perused the relevant record. Both the appeals having been filed in respect of one and the same occurrence are being heard and disposed of together.