PIRTHA SINGH & ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 19.5.2000 of Sessions Judge, Faridkot, whereby he convicted appellants Pirtha Singh son of Biba Singh, Baldev Singh son of Biba Singh, Binder Singh son of Baldev Singh and Mandar Singh @ Pedal Singh son of Dalip Singh under Sections 302, 326, 325, 324, 148 and 323 read with section 149 of the Indian Penal Code. Appellant Pirtha Singh was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/ -. In default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of one year, for causing the murder of Nachhattar Singh. Appellants Baldev Singh, Binder Singh and Mandar Singh were sentenced to undergo rigorous imprisonment for life under Section 302/149 of the Indian Penal Code and to pay a fine of Rs.5,000/ - each. In default of payment of fine, they were ordered to undergo rigorous imprisonment for a period of one year each, for causing the murder of Nachhattar Singh. Appellant Baldev Singh was further sentenced to undergo rigorous imprisonment for nine months under Section 324 of the Indian Penal Code, for causing hurt to PW Gurbax Singh. Appellants Pirtha Singh, Binder Singh and Mander Singh were sentenced to undergo rigorous imprisonment for a period of nine months each under Section 324/149 of the Indian Penal Code, for causing hurt to PW Gurbax Singh. Appellants Pirtha Singh, Baldev Singh, Binder Singh and Mander Singh were sentenced to undergo rigorous imprisonment for a period of two years each under Section 326/149 of the Indian Penal Code and to pay a fine of Rs.500/ - each. In default of payment of fine, they were ordered to undergo rigorous imprisonment for a period of three months each, for causing grievous hurt to PW Gurdev Singh. Appellant Pirtha Singh was sentenced to undergo rigorous imprisonment for a period of six months under Section 323 of the Indian Penal Code, for causing simple hurt to PW Hakam Singh. Appellants Baldev Singh, Binder Singh and Mander Singh were further sentenced to undergo rigorous imprisonment for a period of six months each under Section 323/149 of the Indian Penal Code, for causing simple hurt to PW Hakam Singh. Appellant Baldev Singh was further sentenced to undergo rigorous imprisonment for a period of nine months under Section 324 of the Indian Penal Code, for causing hurt to PW Gurbax Singh. Appellants Pirtha Singh, Binder Singh and Mander Singh were further sentenced to undergo rigorous imprisonment for a period of nine months each under Section 324/149 of the Indian Penal Code, for causing hurt to PW Gurbax Singh. Appellants Pirtha Singh, Baldev Singh, Binder Singh and Mander Singh were further sentenced to undergo rigorous imprisonment for a period of one year each under Section 325/149 of the Indian Penal Code, for causing injuries to PW Gurbax Singh; Appellant Mander Singh was further sentenced to undergo rigorous imprisonment for a period of nine months each under Section 324 of the Indian Penal Code, for causing hurt to PW Bant Singh. Appellants Pirtha Singh, Baldev Singh and Binder Singh were sentenced to undergo rigorous imprisonment for a period of nine months each under Section 324/149 of the Indian Penal Code, for causing hurt to PW Bant Singh. Appellant Binder Singh was further sentenced to undergo rigorous imprisonment for a period of nine months under Section 324 of the Indian Penal Code, for causing injury to PW Pritam Singh. Appellants Pirtha Singh, Baldev Singh were further sentenced to undergo rigorous imprisonment for a period of nine months each under Section 324/149 of the Indian Penal Code, for causing injury to PW Pritam Singh. Appellants Pirtha Singh, Baldev Singh, Binder Singh and Mander Singh were further sentenced to undergo rigorous imprisonment for a period of one year each under Section 325/149 of the Indian Penal Code, foe causing grievous hurt to PW Pritam Singh. All the substantive sentences awarded by the trial Court were ordered to run concurrently. However, Sukhwant Singh died during the trial. The learned trial Court has not given any finding to this effect as to whether Sukhwant Singh was a member of the unlawful assembly. Sukhpal Singh son of Sukhwant Singh and Mithu Singh son of Avtar Singh were acquitted of the charges framed against them by the trial Court. No appeal was preferred against them by the State.

(2.) THE prosecution case is unfolded by Hakam Singh (PW7). Hakam Singh made a statement before Tek Singh, Assistant Sub Inspector that he is a resident of village Burj Mehma. His sister Murti @ Rajinder Kaur (PW18) was married to Kartar Singh son of Daan Singh for the last about 25 years. Kartar Singh had died about 15 years back. Kartar Singh and Biba Singh were real brothers. The share of the land of Kartar Singh was being cultivated by his widow Murti @ Rajinder Kaur, Narma (cotton crop) had been sown in 3 -1/2 killas. This land was situated on the way to village Jandial. The Narma crop was being looked after by the complainant, his brother Nachhattar Singh, their father Gurbax Singh and their uncles Pritam Singh and Bant Singh.

(3.) ON 19.6.1993 at about 4.30 P.M., Hakain Singh, his brother Nachhattar Singh, their father Gurbax Singh and their uncles Pritam Sigh, Bant Singh and Gurdev Singh had gone to irrigate the field of 3 -1/2 killas as their turn of canal water had come. Appellant Pirtha Singh armed with a Gandhali, Baldev Singh armed with a gandasa, Binder Singh armed with a gandasa, Pedal Singh Mazhabi armed with a gandasa and three other persons, who were relatives of Pirtha Singh, residents of village Beer armed with a .12 bore double barrel gun, were sitting in the disputed piece of land. When the complainant -party entered the land, appellant Pirtha Singh raised a lalkara that these persons from Burj Mehma should be taught a lesson for disturbing the water. On hearing the lalkara, the unknown persons, who were armed with guns, started firing in the air. Pirtha Singh gave a blow with his gandhali on the head of Hakam Singh. Hakam Singh fell down. Then Pirtha Singh gave another gandhali blow on the head of Nachhattar Singh, who also fell down. Binder Singh gave a gandasa blow with its sharp side on the head of Pritam Singh, who fell down. Pedal Singh Mazhabi gave a blow with its sharp side on the head of Bant Singh, who fell down. Baldev Singh gave a gandasa blow with its sharp side on the head of Gurbax Singh, the father of the complainant, who also fell down. These four persons continued to cause injuries with their respective weapons to the complainant -party. Complainant -party shouted that they should not be killed. The unknown persons, who were armed with their fire arms continued raising lalkaras the complainant party be taught a lesson for irrigating the fields. Appellants then left the complainant -party and caught hold of Gurdev Singh son of Biba Singh and started beating him and thereafter, they ran away towards the village. Hakam Singh (PW7) further stated that while defending themselves, there was a possibility that they (complainants) may have also caused some injuries on the person of the appellants. Rajinder Kaur got the injured admitted in Civil Hospital, Gidderbaha. Statement of Hakam Singh was recorded by Tek Singh, Assistant Sub Inspector on 20.6.1993 at 10.30 A.M. at Civil Hospital, Giddarbaha. Thereafter a formal FIR was registered on 20.6.1993 at 10.50 A.M. for an offence under Sections 324/ 323/148/149/336 of the Indian Penal Code. Formal FIR was recorded by Mukhtiar Singh, Station House Officer of Police Station Gidderbaha. The pedigree -table of both the parties is reproduced as under to understand the relationship of all the parties.