MOHINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, the above mentioned appeals will be disposed of as these have arisen out of a common incident/ judgment.

(2.) Complainant Nirvail Singh made a statement before Sub Inspector Gagandeep Singh on 21.9.2003 that their land was situated in village Mandela and the same was in their possession. On 20.9.2003 at about 3/ 4 p.m. he had reached their land on their tractor along with Narinder Singh (father), Gurdial Singh (uncle), Mohinder Singh (uncle), Narain Singh (brother), Gian Singh and Balwant Singh. In order to reach their land they had to cross the river with the help of a boat. At about 4.30 pm they started ploughing the land with the help of tractor driven by Narain Singh. At about 6/ 6.30 pm Kashmir Singh, Amar Singh, Sohan Singh, Jail Singh armed with axe, Balbir Singh, Pipal Singh, Gurmej Singh, Mohinder Singh armed with gandasis, Mohan Singh, Kartar Singh and Balwinder Singh @ Billu armed with dangs came there. Kashmir Singh and Kartar Singh raised lalkara that we should be taught a lesson for cultivating the land and should not be allowed to escape.

(3.) Amar Singh gave two blows on the person of Narinder Singh with his axe which hit him on his head. Balbir Singh gave a gandasi blow on the right ear of Mohinder Singh. Pipal Singh gave gandasi blows on the head of Narinder Singh. Jarnail Singh @ Jaila gave two axe blows on the head of Gurdial Singh. Mohinder Singh fell on the ground. Thereafter, all the accused inflicted injuries to them while they were lying on the ground. When they raised alarm, all the assailants fled away from the spot with their respective weapons.