GURBHEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GULZAR Singh, 45, his two sons Gurbhej Singh, 18, and Gurdev Singh, 23, and his mother Amrik Singh, 28, and one Jagir Singh were tried under sections 302, 325, 324, 148 and 149 of the Indian Penal Code by the Additional Sessions Judge, Patiala. By judgmenet and order dated August 20, 1988 the learned Sessions Judge, acquitted. Gulzar Singh but convicted the remaining accused named above. Gurdev Singh was substantively convicted under section (???) and 324, Indian Penal Code, and Amrik Singh was substantively convicted under secttion 325 Indian Penal Code. The remaining accused were convicted under the said offences with the aid of section 34, Indian Penal Code. Gurdev Singh was awarded life imprisonment and a fine of Rs. 2000/- and in default two years rigorous imprisonment under the principle offence. He was further sentenced to one year's rigorous imprisonment and a fine of Rs. 250/- and in default three months rigorous imprisonment under section 324, Indian Penal Code. Amrik Singh was awarded two years rigorous imprisonment and a fine of Rs. 500/-; in default six months rigorous imprisonment under section 325, Indian Penal Code. The remaining accused who were convicted with the aid of section 34, Indian Penal Code, were sentenced as follows :- Under section 302/34 IPC : Life imprisonment and a fine of Rs. 1000/- and in default one year's rigorous imprisonment. Under section 325/34 IPC : One year rigorous imprisonment and a fine of Rs. 250/-; in default three months rigorous imprisonment. Under section 324/34 IPC : Six months R.I. and a fine of Rs. 100/-; in default 1 month rigorous imprisonment.

(2.) THE prosecution version, according to Dharam Singh (PW 3).is that on 2.7.1987 at about 8.30 p.m. Mukhtiar Singh alias Kala was returning from the fields of Karnail Singh after doing manual work. When he reached in the open plot of Karnail Singh Kamboj at a distance of 13-14 Karams from his house, the people present in the house heard a raula that Mukhtiar Singh be caught hold of and be not allowed to go away. On hearing the above shouts, Dharam Singh (PW 3), his brother Karam Singh (PW9), their mother Pritam Kaur rushed to the spot. They found that the accused had surrounded Mukhtiar Singh. About the same time, Dharam Singh's uncle Phuman Singh also rushed to the spot. Gurbhej Singh dealt 4 Kirpan blows one after the other on the face of Mukhtiar Singh inflicting injuries on the chin twice and on both the cheeks of Mukhtiar Singh. Gurdev Singh alias Deba gave a gandasa blow on the head of Mukhtiar Singh as a result of which he fell down. Jagir Singh accused gave a gandasa blow on the head of Mukhtiar Singh when he was lying on the ground. Dharam Singh came forward to rescue his brother when Amrik Singh gave dang blows on his (Dharam Singh) left arm and left knee. Karam Singh intervened when Amrik Singh gave dang blows on both on his legs. Karam Singh raised his arms to same himself and the dang blows given by Amrik Singh fell on his arms. Their mother flung herself on Mukhtiar Singh to save him. Amrik Singh and Gulzar Singh pulled her away and Gurdev Singh gave a gandasa blow on her right ear. Gulzar Singh remained standing with his single barrel gun exhorting the co-accused not to spare the other party. Thereafter, the accused ran away with their respective weapons. Mukhtiar Singh died on the spot. Chowkidar Bhupa and Harbans Singh came to th spot after arranging for a trolly which was driven by Karnail Singh and leaving Bhupa and Harbans Singh at the spot to guard the dead body injured Karam Singh and Pritam Kaur were removed to P.P. Shatrana 7 Kms. aways, Head Constable Parmal Singh (PW 10) recorded the statement of Dharam Singh (PW 3) concluding the same at 10.30 p.m. He then forwarded a copy of the statement to Police Station Pratan another 10 Kms away for registration of the first information report. Sub Inspector Lal Singh entered the FIR at 12.15 a.m. copy of the Special Report was received by the Judicial Magistrate, Patiala, at 11.05 a.m. Accused Gulzar Singh is husband of the father's sister of deceased. Amrik Singh is brother of Gulzar Singh. Gurbhej Singh and Gurdev Singh are his sons and Jagir Singh belongs to their party. The cause for the occurrence is that earlier the complainant party was residing at village Nurpur. About 6-7 months before the occurrence, they purchased a small plot of land for their residence and moved to Gulher and this was not to the liking of the accused persons. This had provoked some unpleasant altercation one or twice in the past but the same had been settled through Phuman Singh uncle of the deceased.

(3.) ON 10.7.1987 Jagir Singh, Gulzar Singh and Gurbhej Singh were produced before Sub Inspector Lal Singh. Gurbhej Singh produced his licensed gun along with two live cartridge. After investigation the police filed a challan against the four appellants and Gulzar Singh.