BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Eight appellants, namely, Bachan Singh, Sukhwinder Singh. Balwinder Singh, Sahib Singh, Kuldip Singh, Pargat Singh, Sadha Singh and Jamail Singh have preferred this appeal against their conviction recorded by the Additional Sessions Judge, Amritsar, vide his order dated 27th April, 1983. They stand convicted and sentenced as under: All the appellants under R. I. for one year each section 148 I.P.C. Sukhwinder Singh Rigorous imprisonment fo years. Appellant u/s 307 I.P.C Bachan Singh, Balwinder Singh, Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Balwinder Singh under section 307 I.P.C Rigorous imprisonment fo years. Bchan singh, sukhwinder Singh Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Paragat Singh u/s 307 I.P.C Rigorous imprisonment fo years. Bchan singh, sukhwinder Singh Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Bachan Singh u/s 326 I.P.C Rigorous imprisonment fo years. Bchan singh, sukhwinder Singh Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Jarnail Singh u/s 324 I.P.C Rigorous imprisonment fo years. Bchan singh, sukhwinder Singh Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Sahib Singh u/s 324 I.P.C Rigorous imprisonment fo years. Bchan singh, sukhwinder Singh Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Kuldip Singh u/s 324 I.P.C Rigorous imprisonment fo years. Bchan singh, sukhwinder Singh Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Paragt Singh u/s 324 I.P.C Rigorous imprisonment fo years. Bchan singh, sukhwinder Singh Sahib Singh, Pargat Singh, Rigorous imprisonment fo Sadha u/s 307/149 I.P.C years. Sadha Singh u/s 323 I.P.C Rigorous imprisonment fo years.

(2.) Sukhwinder Singh and Baiwinder Singh appellants are the sons of Bachan Singh appellant; Sahib Singh and Kuldip Singh appellants are the sons of Harbans Singh cousin brother of Bachan Singh; Pargat Singh and Sadha Singh appellants are the sons of Thakar Singh, another cousin of Bachan Singh, and Jarnail Singh appellant is the son of Anokh Singh, still another cousin of Bachan Singh, i.e, all the appellants belong to one family.

(3.) Ranjit Singh P.W. 5 and Amnk Singh P.W. 6 injured prosecution witnesses are brothers while the third injured Amar Singh P.W 4 is their cousin. Tarsem Singh, another eye-witness of the occurrence, is not related to them. The appellants and the complainant party own a common water-course in their fields. There is a history of enmity between both the parties, as there had been civil and criminal litigations between them earlier to the present occurrence. It is alleged by the prosecution that on 23rd May 1982, at about 2.30 or 3 p.m. Ranjit Singh, Amrik Singh and Amar Singh PW5 were present in their fields Bachan Singh and Sukhwinder Singh appellants were clearing the joint khal. Ranjit Singh and Amrik Singh PW5 told them not to cut the bank of the khal on their side. Bachan Singh and Sukhwinder Singh appellants left the place for their village carrying the spades which they were using with them. After about half an hour all the eight appellants appeared there Bachan Singh and Kuldip Singh appellants were armed with takwas, Sadha Singh appellant was armed with a spears, and the other appellants were allegedly armed with spears. The appellants are said to have used their weapons against these three prosecution witnesses, namely, Amar Singh, Amrik Singh and Ranjit Singh causing them injuries on various parts of their bodies. The complainant side is alleged to have snatched a barchha and a takwas from some of the appellants and is alleged to have caused injuries to Bachan Singh and Sukhwinder Singh appellants in self-defence