JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tbree brothers, namely, Jaswant Singh, Hardevinder Singh and Harbans Singh and one Virsa Singh stand convicted and sentenced as under:

(2.) On 13th July, 1981, at about 10.30 p.m. a satsang was being held in the house of Harnek Singh in connection with the betrothal ceremony of his daughter. Jaswant Singh appellant came to the house of Harnek Singh in a drunken condition. He was pushed outside and the door was bolted from inside. Virsa Singh and Jaswant Singh appellants started raising a noise in front of the house of Shingara Singh P.W. He requested them not to behave in that manner, at which Virsa Singh started abusing him. Lakhbir Singh son of Shingara Singh also came out in the lane and repeated the same request. Virsa Singh gave a kirpan blow to Lakhbir Singh which landed on his left flank. Hardevinder Singh and Harbans Singh appellants also came there. Hardevinder Singh appellant was arnied with a takwa while Harbans Singh was armed with a kirpan and a gun. Harbans Singh appellant hanged over his gun to Jaswant Singh appellant. Harbans Singh appellant gave a kirpan blow to Shingara Singh which landed on his left leg. Virsa Singh appellant gave a kirpan blOw which hit Lakhbir Singh on his left upper arm. Jaswant Singh appellant fired a shot from gun Exhibit MO/i which hit Shingara Singh on his left upper arm. Hardevinder Singh appellant gave a takwa blow to Lakhbir Singh on the left side. Virsa Singh appellant gave a kirpan blow which landed on the left side of Shingara Singhs head. In the meantime, Charan Kaur daughter and Gurcharan Singh son of Shingara Singh came to the spot. Virsa Singh appellant gave a kirpan blow on the right hand of Charan Kaur and Harbans Singh appellants gave a kirpan blow on the right hand of Gurcharan Singh. Jaswant Singh is alleged to have fired another gunshot which hit Shingara Singh on the left flank. Hardevinder Singh gave two takwa blows on the left hand of Shingara Singh. Harbans Singh appellant gave a kirpan blow on the right arm of Shingara Singh. Shingara Singh raised an alarm upon which the appellants made their escape good from the spot. Gurcharan Singh is alleged to have caused some injuries to Jaswant Singh, Harbans Singh and Hardevinder Singh appellants in self defence.

(3.) The injured prosecution witnesses and the injured appellants were removed to the Primary Health Centre, Lambi. Dr. Ajit Singh P.W. 1 examined Shingara Singh P.W. on 14th July, 1981, at 1.15 a.m. and found the following injuries on his person: