HARBHAJAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I will dispose of CRA No. S-1096-SB of 2002, filed by accused/appellants Harbhajan Singh, Bhola Singh, Jarnail Singh, Bikkar Singh, Madan Singh and Chand Singh, against the judgment and order dated 13.6.2002, passed by the learned Additional Sessions Judge, Mansa, vide which they were convicted and sentenced as under:- <FRM>JUDGEMENT_224_LAWS(P&H)11_2014_1.html</FRM>

(2.) The prosecution story, as coming out from the statement (Ex.PH) dated 18.4.2000, made by Hardev Singh (complainant) before Jagdish Kumar, Assistant Sub Inspector, Police Station Joga, is that Baljit Kaur, his mother's sister's daughter is married with Jangir Singh son of Fateh Singh of their village. She has three sons, namely, Buta Singh, Baldev Singh and Major Singh, who have land dispute with Harbhajan Singh and Bhola Singh, the sons-in-law of Karnail Singh son of Bishan Singh, who had given his land measuring 1-1/2 killas to Baldev Singh son of Jangir Singh by way of oral gift. Baldev Singh was cultivating the said land. On 17th April, 2000, Bhola Singh son of Milkha Singh and Harbhajan Singh son of Ajit Singh, residents of Ubha, went to the house of Baldev Singh, where Hardev Singh was also present and there they stated that today they will reap their wheat crop and saying so, they went away. Thereafter, Hardev Singh accompanied by Baldev Singh and his younger brother, Major Singh, went to the fields. It was moonlit night. They saw Harbhajan Singh son of Ajit Singh, duly armed with Takua, Bhola Singh son of Milkha Singh, armed with Kasuli, Madan Singh son of Chand Singh, armed with Dang, Jarnail Singh son of Jangir Singh, resident of Dalel Singh Wala, armed with Soti and Bikkar Singh, resident of Dalel Singh Wala, armed with Soti, were consuming liquor while sitting in the field. When Hardev Singh, PW and others entered the field, it was around 9:45 PM. Harbhajan Singh and others pounced upon them and threatened them to teach a lesson for entering the field and simultaneously, Harbhajan Singh wielded Takua hitting Hardev Singh on his face, lips and cheeks. He picked up the Takua and give two Takua blows, hitting Baldev Singh on his forehead and the other blow hit him near his eye. Thereafter, Bhola Singh gave two Kasuli blows on the back of his head. Hardev Singh and Major Singh raised alarm of 'Mar-ditta, Mar-ditta'. Jarnail Singh gave Soti blow on his left arm while Bikkar Singh caused injuries with his Soti on his left foot. Thereafter, they all caused injuries to Baldev Singh with their respective weapons, while he lay fallen on the ground, hitting him on his right arm, backside, waist, both legs and feet. Thereafter, accused decamped from the spot with their respective weapons. The motive behind the occurrence was that the land that was given by Karnail Singh to Baldev Singh, was intended to be grabed by Harbhajan Singh and others. Thereafter, Major Singh removed them to Joga Hospital and got them admitted there.

(3.) The ASI recorded the police proceedings and sent the same to the police station, where formal FIR No. 23 dated 18.4.2000 under Sections 323/325/506/148 and 149 Penal Code was recorded. The ASI then inspected the place of occurrence, from where the blood stained earth was taken into possession. Later on, site plan of the place of occurrence was prepared.