SULAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sulakhan Singh, loginder Singh, Bagga Singh alias Dilbagh Singh and Darshan Singh residents of village Begpur and Joga Singh resident of village Cbhajupur have been convicted and sentenced by the Additional Sessions Judge, Kurukshetra as follows: I I I Name of Convicted Sentence the under Sec. awarded appellant All the sentences were ordered to run concurrently.

(2.) The convicts have come up in appeal before us. Sbisha Singh complainant has also filed Criminal RevisionT No. 1250 of 1983 in which notice regarding compensation was issued. We are deciding the appeal and the Revision together having arisen from the same judgment.

(3.) The matrix of the prosecution case is that Sardul Singh was collateral of Phulla Singh deceased. Some land was purchased by Sardul Singh and Phulla -Singh in the names of their sons. This land was in possession of Sulakhan Singh, Joginder Singh appellants and their brothers as tenants. The latter filed a suit to pre-empt the sale which was decreed, by the trial Court. The vendees appeal is pending in the High Court. Mutation proceedings regarding the sale were to be held by the Naib Tehsildar, Pehowa, on May 31, 1982 at village Begpur in school premises. In that connection the aforesaid Phulla Singh and his son-in-laws cousin Makhan Singh along with some other persons went to the School in the morning. Sbisha Singh (P.W. 2), Bhagwan Singh (P.W. 3) and Moman Ram (P.W. 4) had also come there. The appellants where also present. They waited for the Naib Tehsildar till about 11.00 a.m. and then they were informed that the Naib Tehsildar bad postponed his visit. On receipt of this information all the persons who were collected there to participate in the mutation proceeding's left the school. Phulla Singh and Makhan Singh proceeded towards the bus stand of village Begpur followed by Shisha Singh (P.W. 2), Bhagwan Singh (P.W. 3) and Moman Ram (P.W. 4). When Phulla Singh and Makhan Singh reached near the fields of Charan Dass the appellants emerged from a cluster of trees and attacked them. Sulakhan Singh and Joginder Singh appellants were carrying laths, Bagga Singh alias Dilbagh Singh and Darshan Singh appellants were armed with double-barreled guns and Joga Singh appellant was carrying a gandasi. Bagga Singh appellant fired shots at Phulla Singh whereas Darshan Singh appellant fired his gun at Makhan Singh Joga Singh then gave a gandasi blow on the left hand of Makhan Singh on account of which his left thumb was chopped off. Joga Singh also gave a gandasi blow on the head of Phulla All the five appellants 148, IPC Each to undergo .rigorous imprisonment for one year. 302/149, IPC Each to undergo life imprisonment (on two counts)Darshan Singh and Bagga Singh alias Dilbagh Singh 27 of the Arms Act Each to undergo rigorous imprisonment for one year.Singh. Sulakhan Singh and Joginder Singh gave ladhi blows on the legs of Phulla Singh. An alarm was raised by Shisha Singh (P.W. 2) Bhagwan Singh (R.W. 3) and Moman Ram (P.W. 4) and the appellants fled away from the spot. Makhan Singh died at the spot. Phulla Singh was taken to the Civil Hospital Kaithal but he also died there at about 1.45 p.m. Shisha Singh (P.W. 2) went to lodge the report at Dhand Police Post but he met Sub-Inspector Daulat Ram (P.W. 10) at the bus stop of Dhand who recorded his statement (Exhibit PC) at 5.10 p.m. The statement was forwarded to Police Station Pehowa and on its basis a formal first in formation report (Exhibit PC/i) was recorded at 6.30 p.m. The special report reached the Judicial Magistrate, Kaithal, at 11.00 p.m.