TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order, we will dispose of three connected appeals CRA No. D -53 -DB of 2001, CRA No. D -561 -DBA of 2001 and appeal in the cross case CRA No. D -562 -DBA of 2001, arising out of the same occurrence. CRA No. D -53 -DB of 2001 has been filed by accused Tara Singh and Chamkaur Singh against judgment and order dated 11.12.2000, passed by learned Sessions Judge, Ludhiana, whereby accused have been convicted and sentenced as under : -

(2.) FIRST Information Report (in short 'FIR') No. 38 of 29.5.1993 under Sections 302, 307, 148 and 149 of the Indian Penal Code (in short 'IPC') and Sections 25, 27, 54 and 59 of the Arms Act, was registered at Police Station Sahnewal, on the statement (Ex.PK) made by Duman Singh son of Lal Singh, aged about 60 years, resident of village Khasi Kalan, before Inspector Paramjit Singh, Station House Officer, Police Station Sahnewal, on 29.5.1993, sometime before 1:30 PM. Duman Singh in his statement stated that he is an agriculturist. One Balwant Singh, Patwari, of Mundian Kalan owned 4 acres of land in village Salu Bhaini. The said land was being cultivated by one Bant Singh son of Maula Singh. Two years ago, Balwant Singh, Patwari, died. Chamkaur Singh and Balbir Singh sons of Bant Singh managed to get executed the forged sale deed of the said land, which was inherited by Harbans Kaur widow of said Balwant Singh Patwari, in their name by producing some other woman. On coming to know about this fraud, Harbans Kaur got registered case No. 295 dated 15.10.1991 under Sections 419, 420, 467, 468, 471 and 120 -B IPC against Chamkaur Singh and Balbir Singh sons of Bant Singh at Police Station Civil Lines, Ludhiana. The said case is still pending in the Court. Due to domestic circumstances, Harbans Kaur gave power of attorney, pertaining to the said land, to Bachittar Singh son of Giani Arjan Singh, Ex -MLA of village Kuliewal. The local police apprehended a dispute regarding this land and initiated proceedings under Sections 145 and 146 Code of Criminal Procedure (in short 'Cr.P.C.'). Sub Divisional Magistrate, Ludhiana, appointed Tehsildar as Receiver. Tehsildar visited village Salu Bhaini and told both the parties not to interfere in the affairs of the said land.

(3.) ON 28.5.1993, during night time, Bant Singh party managed to plough the land and planted paddy therein. On 29.5.1993 at about 7:00/7:30 AM, Bachittar Singh alongwith Gurmail Singh son of Balwant Singh, resident of village Kuliewal, Charan Singh son of Sadhu Singh, resident of village Bhadal Wadh (Barnala) came to the house of Duman Singh and told him that Bant Singh's party had planted paddy in the said land at village Salu Bhaini, despite the appointment of the Receiver and they had to go to the spot as to see whether the opposite party had really planted the paddy. On this, Duman Singh accompanied Bachittar Singh etc. and reached village Salu Bhaini to see the spot where Budh Singh son of Lal Singh and Gurdip Singh son of Jaswant Singh were present. For some time, Duman Singh and Bachittar Singh etc. stayed at the spot. They found that Bant Singh's party had transplanted paddy in the said land. For bringing the said fact to the notice of the higher officers, Duman Singh and Bachittar Singh etc. started from the said place in two ambassador cars. Duman Singh, Bachittar Singh, Charan Singh and Gurmail Singh were in one car No. PBW -2282 and the second car, Budh Singh and Gurdip Singh were sitting. When they reached near the village Jhabewal via Khorara Chowk, a jeep No. PCF -387 was found parked in the chowk. Close to the jeep, Chamkaur Singh son of Bant Singh (accused), resident of village Mundian Kalan, armed with dang, Kashmira Singh, armed with 315 bore rifle, Tara Singh, armed with 455 bore revolver, Harjit Singh, armed with dang, (all sons of Bant Singh) and Bant Singh son of Maula Singh, resident of Mundian Kalan armed with dang, were found standing there. On seeing them, the complainant party stopped their ambassador cars. Out of the car occupied by complainant, Budh Singh, who was armed with dang, alighted and went to Bant Singh etc. and told them that on the said land, the Receiver has been appointed and SDM, Ludhiana, had asked both the parties not to interfere in possession of said land. Then, why they have transplanted the paddy in the said land and further stated that they would file a complaint with the higher officers in this regard. The moment Budh Singh said so, Harjit Singh @ Jit Singh son of Bant Singh gave a dang blow on the head of Budh Singh. Bant Singh raised exhortation (lalkara) to catch hold the complainant party. On this, Duman Singh, armed with 12 bore rifle, Bachittar Singh, armed with 12 bore rifle, Charan Singh, armed with 38 bore revolver, Gurdip Singh, armed with lathi and Gurmail Singh, armed with lathi alighted from the said cars. Budh Singh gave a dang blow on the head of Chamkaur Singh. It was at about 11:00/11:15 AM. Both the parties got engaged in giving dang/sota blows to each other. In the melee, 38 bore revolver of Charan Singh fell down and Charan Singh then caught hold of 12 bore gun of Duman Singh. Gurmail Singh tried to separate them. In the meanwhile, Kashmira Singh fired a shot with his 315 bore rifle towards Charan Singh. Charan Singh also fired a shot with his 12 bore rifle in self defence towards Harjit Singh, which hit him near the left ear and Harjit Singh fell down at the spot. Kashmira Singh fired another shot, which hit Charan Singh on the left side of his chest. Charan Singh also fell down on the ground and died. In the meanwhile, Tara Singh fired a shot with his 455 bore revolver towards Bachittar Singh and Bachittar Singh too fired in self defence with his 12 bore rifle, which hit the abdomen of Tara Singh. On this, Chamkaur Singh became enraged and threw away his dang and snatched 315 bore rifle from Kashmira Singh forcibly and fired a shot at Bachittar Singh, which hit on the left side of the chest near the heart portion. Bachittar Singh died instantaneously at the spot. Thereafter, Bant Singh party left the spot with their injured persons and their weapons. In the meanwhile, the jawans of Central Reserve Police Force (in short 'CRPF') came at the spot. After leaving Gurmail Singh for guarding the dead bodies at spot, Duman Singh was going to inform the police when near village Ramgarh, he met Inspector Paramjit Singh, SHO Police Station Sahnewal, who recorded the statement of Duman Singh and after recording the proceedings, he sent the same to the police station where the formal FIR (Ex.PK/2) was registered.