JASSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal as well as Criminal Revision No. 1513 of 1986 filed by Balraj Singh, which at the time of admission was admitted with regard to compensation only shall be disposed of by one judgment as common questions of law and fact are involved.

(2.) Jassa Singh, aged 18 years, Beant Singh and 17 years and their father Baj Singh, aged 70 years, were tried by Sessions Judge, Gurdaspur, under Ss. 302/ 324 / 323/ 34 of the Indian Penal Code for intentionally committing the murder of Karam Singh and for causing injuries to Balraj Singh and Harpal Singh PWs in furtherance of their common intention. Vide order dated 11-8-1986 passed by Sessions Judge, Gurdaspur, all the three accused were convicted under S. 304 Part II read with S. 34 of the Indian Penal Code for causing the death of Karam Singh and each of them was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5000 / - each. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for two years. Baj Singh accused was further convicted and sentenced to undergo rigorous imprisonment for six months under S. 324 of the Indian Penal Code for causing injuries to Balraj Singh PW whereas his co-accused Jassa Singh and Beant Singh were convicted and sentenced to undergo rigorous imprisonment for six months u/ S. 324 read with S. 34 of the Indian Penal Code. Baj Singh accused was further convicted and sentenced to undergo rigorous imprisonment for six months under S. 324 of the IPC for causing hurt to Harpal Singh whereas his co-accused were convicted and sentenced to undergo rigorous imprisonment for six months months u / S. 324 read with S. 34 of the IPC. All the sentences of imprisonment were ordered to run concurrently. The period, spent in custody by the accused during the investigation and trial was ordered to be set off against the substantive sentences awarded to the said accused. Aggrieved against the order of conviction and sentence passed by the learned trial Court, all the three accused namely Jassa Singh, Beant Singh and Baj Singh have filed the present appeal.

(3.) In brief facts relevant for the disposal of this appeal, as emerge from the first information report recorded on the basis of the statement of Kuljit Singh PW, brother of Karam Singh deceased are that on 8th of August, 1985 at about 6-30 p.m., he along with his brother Karam Singh and Balraj Singh and Harpal Singh was going towards the Dera of his uncle Mohinder Singh which adjoins their fields. Prior to that they were busy in removing waste grass from the paddy fields. As the aforesaid persons were at a distance of one Killa from the field of Karam Singh where Chari crop had been sown, Jassa Singh, accused armed with a spear, Beant Singh, accused armed with a sua and their father Baj Singh armed with a Toki came there from the side of their Dera, and, hurled abuses. Baj Singh accused raised a lalkara exhorting his other co-accused to catch hold of Karam Singh and teach him a lesson for passing through the boundary of their fields. On hearing alarm, Mohinder Singh also reached there from the side of his Dera. Beant Singh accused opened the attack and gave a sua blow hitting Karam Singh on his left armpit whereas spear blow given by Jassa Singh hit him nearly. On receipt of the said injuries Karam Singh fell down on the ground. Baj Singh accused then gave a Toki blow to Karamsingh on his right elbow. At that stage Harpal Singh and Balraj Singh came forward to rescue Karam Singh. Baj Singh accused gave a Toki blow to Balraj Singh on his back and gave another blow from the reverse side of Toki to Balraj Singh on his left and fingers. Baj Singh accused gave another blow from the reverse side of his Toki to Balraj Singh on his bicep. Baj Singh also gave two blows with a Toki to Harpal Singh one on the left hand thumb and the other on the outer side of right wrist. On the alarm raised by the complainant party, all the accused ran away from the spot along with their respective weapons. Karam Singh died at the spot as a result of the injuries received by him. Leaving Mohinder Singh near the dead body, Balraj Singh and Harpal Singh accompanied by Surinder Pal Singh went to Hospital, Qadian for their treatment, Kuljit Singh went and lodged the information report with the police at 8-50 p.m. after covering a distance of 10 Kilometers. After completion of the investigation, all the three accused were tried, convicted as sentenced as detailed above.