KASHMIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this order, above mentioned appeal as well as revision petition would be disposed of as these have arisen out of the same judgment/order 11.3.2003 passed by the Trial Court in FIR No. 181 dated 26.8.1996 under Section 307, 323, 324, 34 of the Indian Penal Code ('IPC' for short), registered at Policed Station Bagha Purana.

(2.) Prosecution story, in brief, is that about 30 years prior to the occurrence, father of injured/complainant Amarjit Singh had purchased 29 kanals of land from Kashmir Singh. An altercation took place between the complainant and Bachan Singh on 31.7.1996 on account of partition proceedings between the parties.

(3.) The matter was duly settled with the intervention of Panchayat. On 25.8.1996, Hari Singh, uncle of the complainant was coming from the house of Kewal Singh. When Hari Singh reached in front of the main door of the house of the complainant at about 8.00 P.M., he opened the door at the asking of Hari Singh. At that time, Kashmir Singh, Roor Singh, Jagga Singh and Boota Singh armed with gandasas were pulling Hari Singh towards their house. Malkeet Singh and Harjinder Singh also reached the spot. Jagga Singh gave a lalkara that Amarjit Singh and Malkeet Singh had also come and they be taught a lesson regarding the land dispute. Boota Singh gave a gandasa blow on the forehead above the right eye of Hari Singh. Roor Singh gave a gandasa blow on the backside of the head of Hari Singh. As a result of this, Hari Singh fell down.