MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mohinder Singh son of Munsha Singh, his sons Nishan Singh, Avtar Singh, Mewa Singh son of Gyan Singh, Gurdev Kaur wife of Tarlok Singh, Sukhdev Singh son of Tarlok Singh and Gyan Singh son of Tarlok Singh were tried under Section 302/307, read with Section 149 and under Section 148, of the Indian Penal Code for intentionally committing the murder of Baldev Singh and for causing injuries to Kulwinder Singh and Tara Singh PWs by Additional Sessions Judge, Ropar, who, vide his order dated 11-5-1993 acquitted Mewa Singh and Sukhdev Singh accused and convicted the rest of the accused under Sections 302/326/149 and 148 of the Indian Penal Code. Each of them was sentenced to undergo imprisonment for life under Section 302/149 IPC and to pay a fine of Rs. 1000.00. In default of payment of fine the defaulting convict was ordered to undergo further rigorous imprisonment for six months. Avtar Singh accused was sentenced to undergo imprisonment for two years and to pay a fine of Rs. 500.00 under Section 326 of the Indian Penal Code. In default of payment of fine he was ordered to undergo further rigorous imprisonment for two months whereas Mohinder Singh, Gyan Singh, Gurdev Kaur and Nishan Singh were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500.00 each under Section 326 read with Section 149 of the Indian Penal Code. In default of payment of fine each of the defaulting convict was ordered to undergo further rigorous imprisonment for two months. Nishan Singh was further sentenced to undergo imprisonment for two years and to pay a fine of Rs. 500.00 under Section 326 of the Indian Penal Code. In default of payment of fine he was ordered to undergo further rigorous imprisonment for two months, whereas Mohinder Singh, Gurdev Kaur, Avtar Singh and Gyan Singh were sentenced to undergo imprisonment for two years and to pay a fine of Rs. 500.00 under Section 326 read with Section 149, of the Indian Penal Code. All the convicts were further sentenced to undergo imprisonment for six months under Section 148, of the Indian Penal Code. All the substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) Aggrieved against their orders of conviction and sentence passed by the learned trial Court, Mohinder Singh, Gurdev Kaur, Nishan Singh and Avtar Singh filed Criminal Appeal No. 200-DB of 1993 whereas Gyan Singh filed Criminal Appeal No. 54-DB of 1994. State of Punjab has also filed Criminal Appeal No. 461 DBA of 1993 against the acquittal of Mewa Singh and Sukhdev Singh. As common questions of law and fact are involved in all the three appeals, these shall be disposed of by one judgment.

(3.) In brief facts of the prosecution case as emerge from the first information report recorded on the basis of the statement of Kulwinder Singh PW an eye witness who has imprint of injuries on his person, are that he along with his parents cultivate land in village Fatehpur Naian and also own some land in village Fatehpur Bahadurgarh. Mohinder Singh accused has also staked his claim on the said land which is in possession of the complainant party. On 11-7-1988, at about 5-30 P.M. Kulwinder Singh PW along with his father Baldev Singh (since deceased) and his uncle Tara Singh were sowing Chari crop in their land situated in village Fatehpur Bahadurgarh and for ploughing they had hired, tractor of Jagir Singh Sarpanach of village Magror. The complainant party was present in their land and was waiting for the tractor. In the meantime Nishan Singh accused armed with a Kirpan, Sukha Singh alias Sukhdev Singh armed with Kulhari, Avtar Singh and his father Mohinder Singh, Gyan Singh and Mewa Singh accused armed with Gandasis and Gurdev Kaur wife of Tarlok Singh armed with a Sota came there from the house of Mohinder Singh. Mohinder Singh accused raised a lalkara exhorting his co-accused to catchhold of Baldev Singh another member of the complainant party. Nishan Singh accused opened the attach and gave a Kirpan blow to Kulwinder Singh on his head, whereas, Avtar Singh gave a Gandasi blow to Kulwinder Singh which he tried to ward off with his left hand and in the process that blow hit him on his left elbow. Gurdev Kaur pushed Tara Singh PW who fell down. Sukhdev Singh accused then gave a blow with his Kulhari hitting Tara Singh on his right leg. Nishan Singh accused then gave a Kirpan blow hitting Tara Singh on his left leg. At that stage Baldev Singh father of Kulwinder Singh PW came forward to save them, Nishan Singh accused gave a Kirpan blow to Baldev Singh hitting him on the right side of his forehead. Mewa Singh then gave a Gandasi blow hitting Baldev Singh on his left knee. Mohinder Singh accused gave a Gandasi blow to Baldev Singh on the outer side of his right leg. His father Baldev Singh snatched Kirpan from Nishan Singh and caused injuries to him in self defence. However, all the accused then encircled Baldev Singh, Avtar Singh accused then gave a Gandasi blow to him on the right side of his head, Gyan Singh gave another Gandasi blow hitting Baldev Singh on the left side of his head. Mohinder Singh gave a Gandasi blow on the back side of the head of Baldev Singh. Mohinder Singh accused gave another Gandasi blow hitting Baldev Singh on the left side of his head. Gyan Singh gave another Gandasi blow to Baldev Singh hitting on the right side of his head. On receipt of these injuries Baldev Singh fell down and while he was lying fallen on the ground Sukhdev Singh gave Kulhari blow on his left ankle. Thereafter the accused caused more injuries to Baldev Singh with their respective weapons, and before leaving the spot they also caused more injuries to Kulwinder Singh and Tara Singh PWs. On hearing the alarm raised by the complainant party Sucha Singh son of Bakhtwar Singh resident of village Fatehpur who was going on the road also came to the spot and witnessed the entire occurrence. Several other persons from the village were also attracted to the spot on hearing the alarm. All the aforesaid seven accused then went away from the spot along with their respective weapons and also took Gurdev Kaur injured their co-accused with them. Baldev Singh died at the spot as a result of the injuries caused by the accused who intentionally committed his murder and also caused injuries to Tara Singh and Kulwinder Singh in prosecution of their common object. After the occurrence Kulwinder Singh PW was going to the police station to lodge the report, when he met ASI Gulzar Singh at the bus stand of his village and made his statement which was completed at 8 P.M. and on its basis formal first information report was recorded at the Police Station, Ropar at 8-50 P.M. on the same evening and the special report reached the Ilaqa Magistrate on the next morning of the occurrence at 6 A.M. ASI Gulzar Singh prepared inquest report, lifted blood stained earth from near the spot, sent the deadbody for post-mortem examination. After arrest of the accused and completion of the investigation, all the seven accused were challenged, tried and out of them Mewa Singh and Sukhdev Singh accused were acquitted by the trial Court whereas Mohinder Singh, Gurdev Kaur, Nishan Singh, Avtar Singh and Gyan Singh were convicted and sentenced, as stated earlier.