KARAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of CRA -D -700 -DB -2002 'Karan Singh and another v/s. State of Punjab', CRA -D -244 -DB -2003 'State of Punjab v/s. Mohinder Singh and others', CRR -222 -2003 'Gurnam Singh v/s. Mohinder Singh and others' and CRR -2162 -2002 'Avtar Singh v/s. State of Punjab and others'. For the sake of convenience, facts are taken from CRA -D -700 -DB -2002.

(2.) Briefly stated, the story of the prosecution is that Avtar Singh son of Mohinder Singh got recorded his statement Ex. PN on the allegations that he had taken 4 killas of shamlat land on lease from the Panchayat for the year 1998 -99 and is in possession thereof. On 20.07.1998, he along with his father Mohinder Singh, grand father Pritam Singh son of Narain Singh and Bhupinder Singh son of Bhag Singh was sowing Chari crop in the said land. At about 4 p.m., accused Karan Singh, Balwinder Singh armed with gandasi, Gurcharan Singh armed with hathi (handle) of hand pump came running and proclaimed that they will teach a lesson to the complainant party for cultivating the land. At the same time, accused Gurnam Singh son of Nand Singh and his wife Kartar Kaur also came to the spot raising Lalkara that the complainant party should not escape unhurt. Karan Singh gave a gandasi blow to Pritam Singh on his right thigh. Gurcharan Singh gave a blow with handle of the hand pump which fell on the head of Pritam Singh above his right ear, another blow with the same weapon was given by Gurcharan Singh on right eyebrow of Pritam Singh. Pritam Singh raised an alarm and when the complainant went to rescue Pritam Singh, Gurnam Singh accused gave a gandasi blow to Avtar Singh on his right arm. Amarjit Kaur, mother of the complainant received a stone blow on her head given by accused Kartar Kaur. Hazura Singh and Bhupinder Singh raised an alarm and some co -villagers were attracted to the site of crime. The accused ran away from the place of occurrence along with their weapons.

(3.) The motive behind the occurrence was that as the Panchayat has leased out the abovesaid land to Avtar Singh (complainant), accused nursed a grudge against the complainant party. The injured were shifted to the Civil Hospital, Rajpura. Pritam Singh was referred to Rajindra Hospital, Patiala. Formal FIR was registered on the basis of statement of the complainant. Pritam Singh succumbed to his injuries and offence under Sec. 302 IPC was added. On completion of investigation, the challan was presented in the Court for commencement of trial.