DALIP SINGH Vs. THE STATE

JUDGEMENT

(1.) CHATTAR Singh son of Gurbux Singh, aged 65 years, Sahib Singh aged 20 years, Dalip Singh aged 28 years and Jodh Singh, aged 25 years sons of Chattar Singh, residents of village Ferozepur Khunda, police station Saddar Pathankot, were tried for the offences under sections 302, 302 read with section 34, 325 read with section 34, 324 read with section 34 and 323 read with section 34, Indian Penal Code, by the learned Additional Sessions Judge, Gurdaspur. Chattar Singh, Jodh Singh and Sahib Singh were acquitted of all the charges, but Dalip Singh was convicted under section 304, Indian Penal Code, and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/ - or in default, to further undergo rigorous imprisonment, for six months. Dalip Singh has filed Criminal Appeal No. 557 of 1972.

(2.) THE prosecution story, briefly stated, is that about 5 days prior to the present occurrence, the cattle of the appellant damaged the paddy crop of Dhian Singh, P.W. Dhian Singh in the company of Fauja Singh went to Chattar Singh appellant to lodge a protest but he (Chattar Singh) and his sons Jodh Singh and Dalip Singh quarrelled with him and abused him. Fauja Singh, however, intervened and separated them. On 21st August, 1971 at about 5/6 P.M. the cattle of the accused again damaged the crop of Dhian Singh, P.W. Amar Singh deceased and his sons Karam Singh and Dhian Singh, P.Ws., proceeded towards the house of the accused to protest and then they reached the Phirni, the accused met them and they lodged the protest. At that time Chattar Singh was armed with a Kirpan. Jodh Singh and Sahib Singh brought lathis from their house and Dalip Singh brought a Kirpan. It is alleged that Chattar Singh exhorted that Dhian Singh etc., should not be allowed to go alive. Dalip Singh gave a Kirpan blow on the right side of the neck of Amar Singh as a result of which he fell down. Thereafter Chattar Singh gave a Kirpan below on his head. When Dhian Singh intervened to save his father, Chattar Singh gave him a Kirpan blow, from its reverse side, on his forehead and Jodh Singh gave him 2/4 blows on his right arm with his Dang. Sahib Singh gave him two Dang blows on his left and right thighs. All the accused caused injuries to Karam Singh also, Amar Singh died at the spot. As Karam Singh and Dhian Singh were armed with Lathis and they used the same in self -defence so Dalip Singh, Jodh Singh and Sahib Singh received injuries. When Karam Singh became unconscious, the accused fled away.

(3.) THE learned counsel for the appellant vehemently contended that it is not a case in which the appellant had exceeded the right of his private defence, rather Amar Singh deceased gave a Dang blow on his head and the companions of the deceased were also armed, so he apprehended unlawful aggression on their part and gave a Kirpan blow to Amar Singh and as such no offence was committed by him.