KASHMIRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ELEVEN appellants, namely, Kashmira Singh, Baldev Singh, Balaka Singh, Jeet Singh, Bara Singh, Pirthi Pal Singh, ChhotaSingh, Surjit Singh, Mohinder Singh, Raunaq Singh arid Chhiba Singh stand convicted and sentenced as under, by the learned Additional Sessions Judge (II), Sangrur, vide his order dated 30th April, 1983: - Kashmira Singh appellant: U/s 148 IPC R.I. for 6 months. U/s 307 IPC R.I. for 3 years' and a fine of Rs. 500/ -, in default of payment of fine, to undergo further R.I. for six months. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months U/s 27 Arms Act R.I. for two years. Baldev Singh appellant: U/s 148 IPC R.I. for six months. U/s 307/149 IPC R. I. for 2/years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R.I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months. Balaka Singh appellant: U/s 148 IPC R.I. for six months. U/s 307/149 IPC R.I. for 2 years' and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R.I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months, Jeet Singh appellant (son of Santa Singh): U/s 148 IPC R.I. for 6 months. U/s 307/149 IPC R.I. for 2 years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months. Bara Singh appellant: U/s 148 IPC R.I. for 6 months. U/s 307/l49 IPC R.I. for 2 years and a fine of Rs. 100/ -, in default of payment of fine to undergo further R.I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months. Pirthi Pal Singh appellant: U/s 148 IPC R.I. for six months. U/s 307/149 IPC R.T. for 2 years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R.I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months. Chhota Singh appellant: U/s 148 IPC R.I. for six months, U/s 307/149 IPC R.I. for 2 years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R.I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months. Surjit Singh appellant : Us 148 IPC R.I. for six months. U/s 307/149 IPC R.I. for two years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R.I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 321/149 IPC R.I. for nine months, Mohinder Singh appellant: U/s 148 IPC R.I. for six months. U/s 307/149 IPC R.I. for two years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R.I. for one month. U/s 324 IPC R.I. for one year. U/s 324/149 IPC R.I. for nine months. Raunaq Singh appellant: U/s 148 IPC R.I. for six months. U/s 307/149 IPC R.I. for 2 years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R. I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324/149 IPC R.I. for nine months. Chhiba Singh appellant: U/s 148 IPC R.I. for six months. U/s 307/149 IPC R.I. for two years and a fine of Rs. 100/ -, in default of payment of fine, to undergo further R.I. for one month. U/s 324/149 IPC R.I. for nine months. U/s 324 IPC R.I. for one year. All the substantive sentences in respect of each appellant on all counts were directed to run concurrently. Out of the aforesaid appellants, Kashmira Singh appellant filed Criminal Appeal No. 262 -S.B. of 1983 while all the remaining ten appellants filed Criminal Appeal No. 272 -S. B. of /983. Both these appeals would be disposed of by this common judgment as they arise out of the same judgment and order of the trial Judge. Twenty -four other co -accused, who were also tried along with the aforesaid eleven appellants, were given the benefit of doubt and acquitted by the learned trial Judge who found the case against them not proved beyond reasonable doubt.

(2.) BRIEFLY stated, the prosecution case is that there is a Gurdwar3 called "Gurdwara Ram Sar" situated at Dhanaula in Sangrur District. About 20 -30 killas of land is also attached with the said Gurdwara. Earlier' to 1975, one Gujjar Singh Mahantused to manage the Gurdwara and its property. After his death in 1975, Kashmira Sin& -h appellant came into possession of the land of the Gurdwara and started managing the affairs of the aforesaid Gurdwara along with the said land. However, the residents of village Dhanaula did not want Kashmira Singh to manage the Gurdwara and its property. They, therefore, formed a Committee consisting of 24 members and the complainant Raghbir Singh was elected as the Chairman of that Committee. However, he died before the start of the trial in this case. All the appellants and their co -accused (since acquitted) were camping in the Gurdwara premises. In spite of repeated requests by the members of the Committee, Kashmira Singh appellant and the Nihangs did not hand over the Gurdwara and its management to the aforesaid Committee. On 31 -7 -1981 at about noontime Raghbir Singh complainant along with the members of the Committee proceeded to the Gurdwara to have negotiations with the appellants and their other co -accused (since acquitted) who are all Nihangs belonging to Baba Santa Singh of Budha Dal.

(3.) DR . Sudha Sharma PW 1 medically examined Babri Singh on 1.8.1981 at 9 -30 a.m. and found one blunt weapon injury on his person. Dr. Badri Dass PW 2 medically examined PW J 1 Charan Singh; PW 12 Jai Singh, PW 8 Naib Singh, and Hardial Singh, on 31.7.1981 and found four injuries on the person of Charan Singh, three of them were caused by sharp -edged weapon while one of them was caused by blunt -weapon. He found three injuries on the person of Jai Singh, which were caused by blunt weapon and simple in nature. He found four injuries on the person of Hardial Singh, caused by firearm and three injuries on the person of Naib Singh, which were simple in nature and caused by sharp edged weapon. The same doctor on the' same day medically examined the appellants except three appellants, namely, Kashmira Singh, Chhiba Singh and, Mohinder Singh. He found seven injuries on the person of Prithipal Singh, sixteen injuries on the person of Surjit Singh, two injuries on the person of Baldev Singh, three injuries on the person of Balaka Singh, two injuries on the person of Raunaq Singh, one injury on the person of Jeet Singh, four injuries on the person of Dara Singh, three injuries on the person of Chhota Singh. Out of these injuries, some 'were found to have been caused by blunt weapons and some -by Sharp -edged weapons.