STATE OF PUNJAB Vs. BACHAN SINGH

JUDGEMENT

(1.) AT 12.30 a.m. on September 2l, 1986, Amarjit Singh reported to the police at Police Station Sadar Moga of Faridkot District in Punjab State, "I am a resident of village Thamwala and do cultivation with my father Kamail Singh and my brothers Surjit Singh and Ajaib Singh. We have constructed our house in our fields an a reside there. We have installed an electric motor at a distance of about 2/2 -1/2 killas from our house. Last night along with my brother Surjit Singh and Malkiat Singh son of Banta Singh Jat resident of the village who is my cousin were irrigating our paddy crop fields by starting our motor. I was sitting on a cot, hear our Motor, Malkiat Singh was turning the flow of water near the motor and my brother Surjit Singh was washing his hands and feet in the reservoir of the motor. It was a moon -lit night and an electric bulb was burning at our electric motor. At about 9.30 p.m. Bachan Singh son of Ramam Singh Jat, armed with a rifle, Malkiat Singh son of Bachan Singh armed with a Barchha, Gurdip Singh son of Bachan Singh Singh armed with a Gandasa, Surjit Singh son of Bachan Singh armed with a Barchha, Jangir Singh son of Ramam Singh, armed with a Sela and Gurmel Singh son of Jangir Singh having a Dang, residents of the village came to our motor. Bachan Singh duly armed with a rifle, stood in the Pahi (small passage) in front of our motor while he remaining accused persons raised Lalkara saying "Today they should not got escaped, teach them a lesson for taking the land of Santokh Singh on lease." Then Malkiat Singh son of Bachan Singh gave a Gandasa blow on the left side of the deck of my brother Surjit Singh and Gurdip Singh son of Bachan Singh gave a Gandasa blow with its right side on the head of Surjit Singh. My brother Surjit Singh raised a Raula of ˜Mar Ditta Mar Ditta' (killed, killed). At this I and my brother Malkiat Singh stepped ahead in order to rescue my brother Surjit Singh and raised a raula of 'Na Maro fia Maro' (do not kill, do not kill). Then Jangir Singh gave a blow with his Sela on my left elbow. On hearing our Raula my father Karnail Singh and Nirbhai Singh son of Kartar Singh Jat, resident of village Ramu Wala Hardo Ke, PS Mehna who is Saddu.(wife's sister's husband) of my brother Surjit Singh and had come to see us, rushed to our motor. We tried to rescue Surjeet Singh from the said accused persons but while we were trying to rescue him Surjit Singh son of Bachan Singh gave a Gandasa blow to my brother Surjit Singh on the front side of his left arm pit. Gurdip Singh gave a Gandasa blow with its right side on the head of my brother Surjit Singh while Jangir Singh gave a Sela blow on the right eye -brow of my brother Surjit Singh. Gurdip Singh again gave a Gandasa blow with it is right side on the right thigh of my brother Surjit Singh. My brother Surjit Singh fell in the reservoir of our motor. Thereafter, Gurdip Singh wielded his gandasa towards my father Kamail Singh. My father raised both of his hands in order to ward off the blow then the Gandasa blow from its sharp side landed on both of his hands. Then Gurdip Singh gave a Gandasa blow with its right side on the head of my father Kamail Singh Nirbhai Singh stepped and tried to rescue my father Karnail Singh, then Gurdip Singh gave a Gandasa blow with its right side on his head and Gurmel Singh gave a Dang blow on my right biceps. The cause of grudge is that previously Bachan Singh etc. had taken 4 killas of land of Santokh Singh son of Surain Singh on share basis. Now we have taken the aforesaid land on lease for one year from Santokh Singh. Bachan Singh etc. did not want to deliver possession of the said land. On account of this grudge, Bachan Singh etc. aforesaid accused persons having connived with one another, have killed my brother Surjit Singh by inflicting injuries and have caused injuries to my father Kamail Singh, Nirbhai Singh and myself. It is possible that some of the accused persons aforesaid might have received injuries at our hands in our self defence.

(2.) ON being charged with the commission of offence under Section 302 of the Indian Penal Code principal accused Surjit Singh, under Sections 326 and 324 of the Indian Penal Code (twice over) principal accused Gurdip Singh, under Section 324 of the Indian Penal Code principal accused Jangir Singh and in respect of vicarious liability charges under Sections 302/149, 326/ 149, 324/149 of the Indian Penal Code (thrice over) and Section 148 of the Indian Penal Code, all the six accused pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated December 5, 1987 learned trial court acquitted all the six accused by giving them the benefit of doubt. Feeling aggrieved from the judgment of acquittal aforesaid, the State of Punjab has filed three criminal appeals bearing No. 446; 447 and 450 -DBA of 1988 against it is this Court. Author of the FIR Amarjit Singh has also filed Criminal Revision No. 756 of 1988 against it in this Court. Since the three appeals filed by the State as also the criminal revision filed by the author of the F.I.R. are all directed against the same impugned judgment of the learned trial court based on identical facts the same have been heard and are being disposed of together.

(3.) DR . Yash Pal P.W. 3 who performed autopsy on the dead body of the deceased states, "I am MBBS having experience of four years in service. On 21.9.1986 at 11.40 A.M. I conducted the post mortem examination on the dead body of Surjit Singh son of Kamail Singh, aged 30 years, resident of village Thaman Wala, District Faridkot. Injuries