PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Gurdaspur, dated 18-9-1972 vide which Pritam Singh son of Hari Singh, Shamir Singh and Amar Singh sons of Pritam Singh, Puran Singh son of Kartar Singh and Jagir Singh son of Soihan Singh residents of village Nathewal, have been convicted under Section 148, Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each. Amar Singh and Shamir Singh have further been convicted under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 or, in default, to further undergo rigorous imprisonment for one year each. Pritam Singh, Jagir Singh and Puran Singh have been convicted under Section 302 read with Section 149, Indian Penal Code, and sentenced to imprisonment for life and a fine of Rs. 1,000.00, or, in default of payment of fine to further undergo rigorous imprisonment for one year each. Jagir Singh has further been convicted under Section 325, Indian Penal Code, for causing grievous injury to Darshan Singh, P. W and his co-accused Pritam Singh, Shamir Singh, Amar Singh and Puran Singh have been convicted under Section 325 read with Section 149, Indian Penal Code, and all of them have been sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 200.00, or, in default, to further undergo rigorous imprisonment for four months each, Shamir Singh was also convicted under Section 321, Indian Penal Code, for the injury of Darshan Singh while his co-accused Jagir Singh, Amar Singh, Puran Singh and Pritam Singh were convicted under Section 324 read with Section 149, Indian Penal Code, and all of them were sentenced to undergo rigorous imprisonment for one year each. All the sentences were ordered to run concurrently. Kartar Singh, the co-accused of the appellants was acquitted of all the charges.

(2.) THE prosecution story, briefly stated, is that on 25-1-1972 at evening time, Pritam Singh accused and his sons Shamir Singh and Amar Singh raised changars in front of the house of Tarlok Singh. Tarlok Singh asked them not to do so and they went away raising changars and abusing Tarlok Singh. On the following day Tarlok Singh collected a Panchayat in the village in which Surat Singh, Balwinder Singh and Mukhtiar Singh were present. The Panchayat also called Pritam Singh, Pritam Singh denied the allegations made against him and his sons by Tarlok Singh, upon which he and Tarlok Singh exchanged hot words, but they were separated by the persons present there.

(3.) PRITHPAL Singh and Joginder Singh put Tarlok Singh on a cot. They then went into the village to make some arrangement of some conveyance for taking Tarlok Singh to the hospital but no arrangement could be made and, therefore, Tarlok Singh was taken to Civil Hospital Batala, on a cot by Prithpal Singh, Anup Singh, Mohinder Singh and Kulwant Singh. They reached Civil Hospital, Batala, at about 10. 30 P. M. Tarlok Singh was examined by Dr. Mrs. Balwant Kaur Bedi at 10. 35 P. M. and the following injuries were found on his person: