RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23rd May, 1983, passed by the learned Additional Sessions Judge, Patiala, whereby he convicted and sentenced the appellants as under: - Name of the appellant Convicted under section Sentence awarded Ram Singh 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine to further undergo rigorous imprisonment for two mounts. 302 I.P.C Imprisonment for life and to pay a fine of Rs. 200/ - in default of payment of fine to undergo further rigorous imprisonment for six months. 302/149 I.P.C. Rigorous imprisonment for one year. Bali Ram 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine to undergo further rigorous imprisonment for two months.s 302 I.P.C. Life imprisonment and to pay a fine of Rs. 200/ -, in default of payment of fine to undergo further rigorous imprisonment for six months. 324/149 I.P.C. Rigorous imprisonment for one year. Kesar Ram 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine to undergo further rigorous imprisonment for two months. 302/149 I.P.C. Imprisonment for Life and to pay a fine of Rs. 200/ -, in default of payment of fine to undergo further rigorous imprisonment for six months. 324I.P.C Rigorous imprisonment for one year. Soma alias Harmesh 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ - in default of payment of fine to undergo further rigorous imprisonment for two months 302/149 I.P.C. Imprisonment for Life and, to pay a fine of Rs. 200/ -, in default of payment of fine, to undergo further rigorous imprisonment for six months. 324 I.P.C. Rigorous imprisonment for one year. Siri Ram 148 I.P.C. Rigorous imprisonment for one year and to pay a fine of Rs. 100/ -, in default of payment of fine, to undergo further rigorous imprisonment for two months. 302/149 I.P.C. Imprisonment for Life and to pay a fine of Rs. 200J -, in default of payment of fine, to undergo further rigorous imprisonment for six months. 324/149I.P.C. Rigorous imprisonment for one year. All the substative sentences of imprisonment were ordered to run concurrently.

(2.) THE five appellants are alleged to have caused fatal injuries to Lal Singh deceased and simple injuries with sharp -edged weapon to Kundan Singh (P.W.5), after forming an unlawful assembly, the object of which was to commit the murder of Lal Singh deceased. The occurrence took place at about 5 P.M. on 6th March, 1982 near the field of one Hardial Singh belonging to village Ratta Khera. According to Kundan Singh (P. W. 5) his family had purchased 6 killas and 2 Kanals of land, out of which Ram Singh appellant had encroached upon a parcel measuring 2 Kanals. They wanted to get back the possession of this land and also get it demarcated with the help of Bakshi Ram, Qanungo, and Kanshi Ram, Patwari (P.W. 13). In spite of this demarcation, Ram Singh appellant did not surrender possession of the said land. Since Kundan Singp. (P.W. 5) wanted to retrieve his two Kanals of land from Ram Singh appellant, the latter started nursing a grudge against him.

(3.) GOPAL Singh went to the village and brought a tractor -trolley. Lal Singh deceased and Kundan Singh (P.W. 5) were placed in it and brought to Rajindra Hospital Patiala.