BHAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Bhan Singh, Hans Raj alias Gallu, Kunda Singh and Harbans Singh alias Neela have preferred the present appeal against the judgment of conviction and order of sentence dated 10.09.2003, passed by the Sessions Judge, Faridkot, vide which they have been held guilty for the commission of offence punishable under Sections 302 read with Section 34 and 323 read with Section 34 IPC. Accordingly, Bhan Singh, Hans Raj alias Gallu, Kunda Singh and Harbans Singh alias Neela have been convicted and sentenced to undergo rigorous imprisonment for a period of one year each under Section 323 read with Section 34 IPC; appellants Bhan Singh and Kunda Singh have been convicted and sentenced to undergo rigorous imprisonment for a period of one year each under Section 323 IPC; appellant Hans Raj alias Gallu has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 302 IPC and appellants Bhan Singh, Kunda Singh and Harbans Singh alias Neela have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each under Section 302 read with Section 34 IPC. All the sentences were ordered to run concurrently. However, accused Avtar Singh alias Ghuddu has been acquitted.

(2.) Brief facts of the prosecution case are that a wireless message was received from Station House Officer, Police Station City, Moga-II that Amarjit Singh has died in Civil Hospital, Moga, upon which Sub Inspector Pushpinder Singh of Police Station Mehna alongwith other police officials, after obtaining medical slip dated 07.03.2001 in respect of the death of Amarjit Singh, reached Civil Hospital, Moga where Ram Singh met the police party and got recorded his statement. In his statement, Ram Singh, complainant, stated that on the previous night i.e. 06.03.2001 at about 9:00 p.m., he alongwith his sons Amarjit Singh and Hardip Singh was present in the house. Bhan Singh armed with dang, Hans Raj alias Gola armed with the handle of the hand pump, Avtar Singh alias Ghuddu armed with gandasa and Kunda Singh alias Gola and Neela Singh armed with sticks, while abusing the complainant party, came in front of the door of their (complainant party) house in the street as sons of the complainant had picked a quarrel with Bhan Singh a few days ago.

(3.) Complainant and his sons Hardip Singh and Amarjit Singh came outside in the street and asked the accused persons as to why they were abusing them. On this, Hans Raj alias Gola gave blow with the handle of the hand-pump on Amarjit Singh, which hit in the middle of his head and Bhan Singh gave a stick blow on his right leg near the knee. Avtar Singh alias Ghuddu, Kunda Singh and Neela Singh gave blows with their respective weapons on the persons of complainant and his son Hardip Singh. Complainant further stated that they received injuries. Then the complainant party raised noise 'killed-killed' and the accused fled away from the spot with their respective weapons. The complainant brought both of his sons in the jeep to Civil Hospital, Dhudhike for treatment and got them admitted there. Complainant further stated that on 07.03.2001, in the morning, the condition of his son Amarjit Singh became serious and the doctor referred all of them to Civil Hospital, Moga for treatment. Immediately, after reaching the hospital, his son Amarjit Singh died.