DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON April 18, 1985, Kuldip Singh, son of Swaran Singh (now deceased) made to ASI Kuldip Singh, Incharge Police Post, Fategarh Panjtoor, the following statement, "I along with my children and parents live in Karahewala and work as a cultivator. In order to go to our field a passage leads in front of the house of Dalip Singh, son of Assa Singh, Jat, resident of the village. Today at about 6 AM. Myself, my father Swaran Singh and my father -in -law Mohinder Singh son of Ghuman Singh, caste Jat residents of Mundi Jamal who had come to see us, were going in order to have a round towards our crop and for easing. When we reached near the house of Dalip Singh aforesaid, Dalip Singh aforesaid armed with Kirpan, Pargat Singh armed with Gandasi, Kashmir Singh, armed with Gandasi, Caste Jat, sons of Dalip Singh, Thakar Singh son of Amar Singh, armed with Takwa, Wasan Singh, son of Harnam Singh armed with a wooden rods (Ghotna), Bohar Singh son of Waryam Singh armed with Sela, resident of Karahewala, Ram Singh, son of Teja Singh armed with Gandasi, Joginder Singh, son of Banta Singh, empty handed residents of Baghelewali emerged out from the house of Dalip Singh aforesaid and started inflicting injuries to my father Swaran Singh. Dalip Singh gave a Kirpan blow to my father Swaran Singh who in order to save himself advanced his right arm and the blow hit on the right arm of my father. Pargat Singh gave a Gandasi blow to my father and my father in order to save himself again advanced his right arm and the blow hit on the right arm of my father. Joginder Singh took my father into his grip. Kashmir Singh gave a Gandasi blow to my father which hit on the left leg of my father, who on receipt of the injuries fell down on the ground. Wasan Singh gave a wooden rod blow (Ghotna) having in his hand on the left leg of my father. Thakar Singh gave a Takwa blow to my father while he lay fallen and the blow hit on the right arm of my father. Bohar Singh gave a Sela blow to my father and the blow hit on the right arm of my father. Ram Singh gave a Gandasi blow to my father and the blow hit on the left leg of my father. Myself and my father - in -law Mohinder Singh raised an alarm of 'Killed, Killed.' On raising our alarm, my younger brother Joginder Singh, who had slept at the threshing floor came to a run to whom having seen coming, the assailants ran away with their respective weapons. The cause of the grudge is this that the plot of Dalip Singh aforesaid was situated near our house. Dalip Singh struck a bargain with my father and took Rs. 900/ - from him and he delivered the possession of the plot to us. Due to the rising of the value of the plot now Dalip Singh had backed out of the bargain and with regard to it a case is going on in the court between us and Dalip Singh. We both the parties have been bound down under security proceedings. On account of the said grievance aforesaid Dalip Singh after conspiring together with his companions and duly armed have inflicted injuries to my father Swaran Singh and my father had succumbed to the injuries in the hospital at Zira. After receipt of the injuries, I took my father to civil hospital Zira in a tractor trolley and where he breathed his last. I am a complainant and action may be taken. Formal FIR No.178 was recorded on its basis in Police Station, Zira, District Ferozepore at 10.55. a.m. on the same date. Special report of the occurrence reached the Ilaqa Magistrate at 11.50 a.m. on April 18,1985 itself.

(2.) ON being charged with the commission of offences under Sections 148 and 302 read with Section 149 of the Indian Penal Code, all the eight accused pleaded 'not guilty' thereto and claimed to be tried.

(3.) VIDE its impugned judgment dated May 3, 1986, learned trial court ,acquitted six out of the eight accused, convicted accused Dalip Singh and Kashmir Singh of the commission of offence under Section 304 Part I read with Section 34 of the Indian Penal Code. On account of his advanced age of over 70 years, Dalip Singh accused was sentenced to undergo rigorous imprisonment for a period of three years and ordered to pay Rs. 500/ - as fine. In default of payment of fine accused Dalip Singh was ordered to undergo rigorous imprisonment for a further period of two months. Co -accused Kashmir Singh was sentenced to undergo rigorous imprisonment for a period of ten years and to pay Rs. 1,000/ - as fine. In default of payment of fine Kashmir Singh was ordered to undergo rigorous imprisonment for a further period of three months. Feeling aggrieved therefrom both the convicted accused have jointly filed Criminal Appeal No.338 -SB of 1986 against it. Kuldip Singh author of the FIR had filed Criminal Revision No.1181 of 1986 against it in this Court. Since both the appeal as also revision are directed against the same impugned judgment of the learned trial court, I have heard and disposed them together.