KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KARTAR Singh, his three sons along with Kartar Singh's brother Nand Singh and his two sons in all seven were convicted under sections 326/325/324/323/148 read with section 149 of the Indian Penal Code by the Chief Judicial Magistrate, Bathinda, by order dated November 2, 1983. The longest imprisonment was imposed on Joginder Singh for two years' rigorous imprisonment and a fine Rs. 250/-. On others, the sentence imposed was 1-1/2 years rigorous imprisonment and a fine of Rs. 250/- each, in default of payment of which, the defaulting accused was sentenced to 2 months rigorous imprisonment. Various terms of sentence imposed under various counts were made concurrent. The accused preferred an appeal, which was dismissed by the learned Additional Sessions Judge, Bathinda, by his order dated July 18, 1985. The accused have preferred this revision.

(2.) THE prosecution case, in brief, is that on February 11, 1981, at about 7/8 p.m. Bhola Singh PW-1 asked his nephew Malkiat Singh and another relation Rup Singh to proceed to the field in order to irrigate the same from the tubewell. Rup Singh and Malkiat Singh started. They were followed by Bhola Singh. When Bhola Singh reached in front of the house of Malkiat Singh, the seven accused petitioners herein, came out of the house of Rajinder Singh petitioner and attacked Bhola Singh. On alarm having been raised by Bhola Singh, his father Godha Singh, Malkiat Singh, and Rup Singh and several ladies of the house dame out in order to save Bhola Singh. The accused persons, however, caused injuries to several of them. Surjit Singh, brother of Bhola Singh, was amongst the relations who came out on hearing the alarm. He informed the panchayat about the occurrence and removed the seven injured persons to the-Civil, Hospital, Balthinda, reaching there at 10.30 p.m. The police was informed. The police reached the hospital and after ascertaining fitness of Bhola Singh, recorded his statement at 5 a. m., on the basis of which the present case was registered.

(3.) THE plea of the accused was that there was dispute between the parties with regard to demarcation of the street. The accused had filed a civil suit and had obtained stay against the complainant side. On that very day, they had further obtained demarcation from the Kanungo and certain points had been marked indicating the line of demarcation. At about 9/9.30 p.m. Kartar Singh was woke up by a noise coming from the street. He came out of the house and saw Bhola Singh armed with a Kasoli, his father Godha Singh and his nephew Malkiat Singh armed with Gandasas, Rajwinder Kaur armed with a Takua, Gurdev Kaur carrying a Kasoli and Parsin Kaur carrying a stick. The aforesaid persons mere demolishing the points which had been fixed by the Kanungo in connection with demarcation. Nand Singh accused also came there in the meanwhile and both Kartar Singh and Nand Singh asked the persons of the complainant side not to demolish those points. Bhola Singh etc. opened attack with their respective weapons, causing injuries to Kartar Singh and Nand Singh. Jai Kaur, wife of Nand Singh and Basant Singh also reached there on hearing the noise and witnessed the entire occurrence. Kartar Singh picked up a Takua lying there and caused injuries to Bhola Singh and others in exercise of the right of private defence of person. The accused examined Gurcharan Singh, Bhagwan Singh and Gurjant Singh in defence in support of the above version.