BAWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailing the prosecution version and its evidence in entirety, appellant-convicts Bawa Singh and others (for brevity "the appellants") have preferred the instant appeal to challenge the impugned judgment of conviction and order of sentence dated 8.8.2000, by virtue of which, appellant Bawa Singh was substantively convicted & sentenced to undergo rigorous imprisonment (for short "RI") for a period of five years, to pay a fine of Rs. 1000/- and in default thereof to further undergo RI for a period of two months, for the commission of offence punishable u/s 307 IPC; to undergo RI for a period of two years, to pay a fine of Rs. 500/- and in default thereof to further undergo RI for a period of one month u/s 324 IPC and to undergo RI for a period of six months u/s 323 IPC. Sequelly, appellant Sarwan Singh was substantively convicted and sentenced to undergo RI for a period of six months u/s 323 IPC, whereas he & his father appellant Surjit Singh were vicariously convicted and sentenced to undergo RI for a period of five years, to pay a fine of Rs. 1000/- each and in default thereof to further undergo RI for a period of two months, on accusation of having committed the offence punishable u/s 307 read with section 34 IPC; to undergo RI for a period of two years, to pay a fine of Rs. 500/- each and in default thereof to further undergo RI for a period of one month u/ss 324/34 IPC and to undergo RI for a period of six months u/ss 323/34 IPC. However, all the sentences were ordered to run concurrently by the trial Court of Addl. Sessions Judge.

(2.) Tersely, the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, as claimed by the prosecution, are that some dispute had arisen between the complainant party and Tarsem Singh with regard to sharing of water for irrigation purposes. Appellant Surjit Singh was stated to have nursing a grudge in his mind in this relevant connection. On 18.8.1998 at about 6 P.M., they were present in the fields. Thereafter, appellant Surjit Singh raised a lalkara and exhorted his sons appellants Bawa Singh and Sarwan Singh to teach a lesson to complainant Bakhshish Singh son of Pritam Singh (PW5) (for brevity "the complainant") and his brother Sarabjit Singh (PW6). Apprehending danger to their lives, they started running towards their house in order to save them from the clutches of the appellants. However, having covered for about 2/21/2 acres (Killas), appellant Bawa Singh and his brother appellant Sarwan Singh surrounded them in the cotton field of Major Singh.

(3.) The case of the prosecution further proceeds that thereafter appellant Bawa Singh caused three knife blows on the chest and right side in the abdomen of the complainant, whereas appellant Sarwan Singh gave two dang blows to his brother (PW6) Sarabjit Singh. In the meantime, his another brother Major Singh also reached at the spot and witnessed the occurrence. The appellants were also stated to have caused other injuries to them. They raised noise. Thereafter appellants Bawa Singh & Sarwan Singh decamped from the place of occurrence with their respective weapons.