ARJAN SINGH AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) NAR Singh, his four sons,. Kartar Singh, Avtar Singh, Mukhtiar Singh, Haripal Singh, and two cousins, Tek Singh and Arjan Singh, were tried by the learned Additional Sessions Judge for offences punishable under Sections 148, 302, 307, 325 and 324, read with Section 149, Indian Penal Code. Avtar Singh was separately charged under Sections 302 and 307 of the Indian Penal Code and so was Mukhtiar Singh under Section 307 of the Indian Penal Code. Nar Singh, Avtar Singh, Mukhtiar Singh and Tek Singh were acquitted. Kartar Singh, Haripal Singh and Arjan Singh were convicted under Section 326 read with Section 34 of the Indian Penal Code and each awarded five years' rigorous imprisonment and a fine of Rs. 1,000/ - or in default to suffer rigorous imprisonment for another period of 6ne year. Kartar Singh was further convicted under Section 324 of the Indian Penal Code and given one year's rigorous imprisonment. Haripal Singh and Arjan Singh as well were convicted under Section 323 of the Indian Penal Code and awarded eight months' rigorous imprisonment each. Rs. 2,000/ - out of the fine, if and when realised, were to be paid to the heirs under Hindu law of Karam Singh deceased. Hardev Singh (P.W.) injured Was also to get Rs. l.OOO/ - out of the aforesaid amount by way of compensation. The three convicts appeal The State has not filed any appeal against acquittal of the other four accused.

(2.) KARAM Singh deceased and Ajaib Singh (P. W.) are brothers. Nazir Singh (P. W.) is their first cousin. Hardev Singh and Jit Singh (P. Ws.) are grandsons of their uncles. The injured persons and all the seven accused who were tried are collaterals as well.

(3.) ON 31st August. 1961, at about 6 -00 P. M. Ajaib Singh, Hardev Singh injured and Angrez Singh (P. Ws) were together in front of the house of the former. They saw all the accused running towards the village, pond. Haripal Singh and Arjan Singh of them were carrying sticks while the rest were armed with gandasas. The three prosecution witnesses out of curiosity followed the seven accused and found them surrounding Nazir Singh (P, W.) and Karam Singh deceased on the southern bank of the pond. Nar Singh gave a gandusa blow on the upper arm of Nazir Singh and so did Avtar Singh accused on his head from the blunt side of his gandasa. Kartar Singh and Avtar Singh accused as well hit Karam Singh deceased with the gandasas on the left lee and head region as a result of which he collapsed on the ground. Arjan Singh gave him a dang blow. Jit Singh reached the spot with a kasauli in his hand. He along with Hardev Singh and Ajaib Singh (P. Ws ) tried to save Nazir Singh and Karam Singh but were injured by Tek Singh, Mukhtiar Singh, Haripal Singh. Jit Singh (P. W.) in self -defence gave a kasauli blow on the right shoulder of Kartar Singh. Angrez Singh watched the occurrence from a distance. His alarm brought Ganni Singh, Pilla Singh and Ghamdoor Singh (P. Ws.) on the venue and their presence scared away the culprits.