WASSAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Wassan Singh against the judgment and order dated 12.12.2000 passed by the Sessions Judge, Gurdaspur, whereby he was found guilty and convicted under Section 304 Part I of the Indian Penal Code and sentenced to undergo R.I. for 10 years and a fine of Rs. 5,000/-. In default of payment of fine, he was further sentenced to undergo R.I. for 4 months.

(2.) Briefly stated, the facts are that on 11.11.1993 at about 5 A.M., Prem Singh (now deceased) had gone from the house to the fields for starting tubewell. After sometime, Smt. Pritam Kaur wife of Kashmir Singh (mother of Prem Singh) reached the house in a perturbed condition. She told her husband, Kashmir Singh, that their son, Prem Singh, had been lifted by Wassan Singh, appellant, alongwith Sulakhan Singh, Hira Singh and Gurdip Singh from the tubewell and had been taken to their house.

(3.) Upon receipt of this information, Kashmir Singh, alongwith his brother Swarn Singh, went towards the house of Wassan Singh to know about his son, Prem Singh. When they reached near his house, then they saw that Smt. Joginder Kaur wife of Wassan singh had caught hold of Prem Singh from his hair and Raj Kumar had caught hold of him from the arms whereas Sulakhan singh son of Hazara Singh, armed with the handle of KASSI, Hira Singh son of Harbans Singh armed with rod, Gurdip Singh son of Wassan Singh armed with KIRPAN and Wassan Singh, appellant, armed with hockey, were inflicting injuries on the person of Prem Singh with their respective weapons. Prem Singh was raising Raula. Kashmir Singh and Swarn Singh entered their house and rescued Prem Singh from their clutches after making requests to them. After causing injuries, the assailants fled away with their respective weapons.