BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bachan Singh, Paramjit Singh and Kuldip Singh appellants have filed Cr. A. No. 257-SB of 1983, whereas Raghbir Singh and Kirpal Singh appellants have filed Cr. A. No. 264-SB of 1983, challenging their convictions and sentences. By this judgment, both these appeals shall be disposed of as these arise out of the same incident and against the same Judgment of the learned trial Judge, who convicted and sentenced the appellants as under: Bachan u/s 148 I.P.C U/S 304 (Part 1) One years R.I Singh ,Paranjit Singh & Read with section 149 I.P.C Five years R.I & fine of Rs.1000 oi kuldip Singh undergo R.I for one years each. The substantive sentences were, however, ordered to run concurrently.

(2.) The prosecution case as set up at the trial was that on 18th December, 1982, at about 10 p.m., Inder singh (since deceased) in the company of his two brothers Joginder singh (P.W. 2) and Banta singh (P.W. 3) returned to their village Nahipur from Gurdaspur in a truck. After parking the truck on the road, the deceased and his brothers proceeded on foot towards their house. At that time, the deceased was a little ahead of his brothers. When they reached near the house of 5waran singh, the appellants were found standing there. At that time, Raghbir singh appellant was, armed with a Kulhari. Bachan singh and Paramjit singh appellants were armed with a lathi each. Kuldip singh appellant was, armed with a hockey stick Kirpal singh appellant was, however, empty- handed. On seeing the deceased and his brothers, Pramajit singh appellant raised lalkara that they be not allowed to escape. At this, Kirpal singh appellant encircled Inder singh deceased in his arms as a result of which turban of the latter fell down. Raghbir singh appellant then gave a Kulhari blow from its blunt side on the head of under singh. On receiving the blow, Inder singh fell down. Joginder and Banta singh P.Ws stepped forward to rescue their brother, upon which Kuldip singh appellant gave a hockey stick blow on the left shoulder of Joginder Singh, followed by a lathi blow given by Paramjit singh on his left upper arm. Bachan singh also gave a lathi blow which hit lOginder singh on his left ankle. Another lathi blow given by Bachan singh to Joginder singh, fell on his buttocks. Banta singh raised alarm of mar ditta mar ditta as a result of which Kartar singh was attracted to the spot, upon which all the appellants ran away along with their respective weapons.

(3.) Banta singh .P.W. and Kartar singh removed inder singh (since deceased) and Joginder sing PW in an injured condition to Civil Hospital, Gurdaspur Inder singh, however, succumbed to his injuries at 7.10 a.m. on 19th December, 1982. On his admission to the hospital. Inder singh was medic-legally examined by Dr. N.K. 5harma (P.W. 12) at 11:55 p.m. and he found the following injury A located word 5x1/2 cm on the right side of the skull, 7 cms above the lateral one-third of the right eye-brow 9, cm above the right pinna. The underlying bone was fractured. There as bleeding from the nostrils. The same doctor examined Joginder singh PW at 12.10 a.m. and found the following simple Raghbir singh 323 I.P.C U/5 148 I.P.C U/5 304 (Part 1) One years R.I each. One years R.I Ten years R.I and fine of Rs.1000 o undergo R.I for one years. U/5 323/149 I.P.C 6 month R.I Kirpal singh U/5 148 I.P.C U/5 305 (1)I.P.C read wit section 149 I.P.C. u/s 23/149 I.P.C One years R.I Five years R.I and fine in default to undergo R.I for six mont 6 months R.I injuries caused by blunt weapon of his person: