MEWA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants-Mewa Singh, Maingal Singh, Bharpur Singh and Binder Singh have filed this appeal against the judgment and order dated 28.1.2009 passed by the learned Sessions Judge, Mansa whereby appellant No.1-Mewa Singh has been held guilty for the commission of offence punishable under Section 302 of the Indian Penal Code (IPC' - for short) and other appellants-Maingal Singh, Bharpur Singh and Binder Singh have been held guilty for the commission of offence under Section 302 read with Section 34 IPC. Appellant No.1-Mewa Singh has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six monthsfor the offence under Section 302 IPC. Other appellants-Maingal Singh, Bharpur Singh and Binder Singh have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for two months each for the offence under Section 302 read with Section 34 IPC.

(2.) The brief facts of the prosecution case are that FIR (Ex.PO) in the present case has been registered on the statement of Balwant Singh got recorded to ASI Harbans Singh, Police Station, Mansa on 25.8.2006 at 5.00 a.m. He stated that there was a dispute regarding the turn of canal water between Mewa Singh-appellant No.1 and Mela Singh. On 24.8.2006 at about 1.00 p.m. Mela Singh and his father-in-law Balwant Singh (complainant) were standing in front of house and talking with each other.

(3.) In the meantime, Gora Singh son of Mela Singh also came there. Then Mewa Singh armed with Gandasa', his brother Maingal Singh armed with stick, Bharpur Singh alias Bhura brother-in-law of Mewa Singh armed with stick, Nikka Singh armed with stick (later on as per supplementary statement Binder Singh armed with stick) came there. As per prosecution version, Maingal Singh and Binder Singh caught hold of the arms of Mela Singh and Mewa Singh gave a Gandasa' blow from the reverse side on the head of Mela Singh and Bharpur Singh gave a stick blow, which hit on his right leg. Complainant-Balwant Singh and Gora Singh tried to save Mela Singh. Accused-appellants ran away from the spot along with their weapons. Then Mela Singh was got admitted in Civil Hospital, Mansa. At about 2.30 p.m. On 24.8.2006, he was medico-legally examined by (PW-3) Dr. Suvir Kumar Gupta, who found the following injuries on his person:-