AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY the present judgement, we propose to dispose of Criminal Appeal No. 478/DB of 1992, 236/DBA of 1993 and Criminal Revision No. 853 of 1992 as they arise out of a common judgement.

(2.) THE prosecution case in brief is that land measuring about four acres had been purchased by the complainant party from Ajmer Singh and Baldev Singh, sons of Hazura Singh appellants, vide a sale deed Ex. PK dated 21.11.1983. and they had also been put in possession thereof. Adjoining this land, there was an area of 11K -2M which as stated to be in possession of Hazura Singh, whereas the complainant party claimed that they had been put in possession of this area as well at the time when the sale of four acres had taken place and that they had been cultivating this land too since then. The complainant party, accordingly, filed an application for correction of the khasra girdawaris in their names and this application was decided in their favour vide order of the Tehsildar dated 25 June, 1991. On this, the appellants Ajmer Singh and Baldev Singh filed a suit for permanent injunction in the Civil Court and vide order Ex. DY dated 28th June 1991, status -quo with regard to possession was ordered and notices issued to the other side. On 7th July, 1991, Gurmail Singh P.W.2 with Balkar Singh sons of Geetan Singh and Rupinder Singh P.W.3 son of Balkar Singh were hoeing the narma crop in the land measuring four acres, when Ajmer Singh and Baldev Singh, the appellants armed with gandasas, Gurmeet Singh and Charanjit Singh sons of Ajmer Singh armed with gandasa and Kasia respectively and Kala Singh and Harnek Singh their supporters also armed with Gandasas came there and raised a lalkara that they would teach Balkar Singh a lesson for claiming the ownership of the land measuring 11 Kanals 2 Marlas. On this, Ajmer Singh, Baldev Singh and Gurmeet Singh their gave a gandasa blow each to Balker Singh on his head and on receiving the same, he fell down and when Gurmail Singh and Rupinder Singh stepped forward in aid of Balkar Singh, Charanjit Singh gave a kasia blow on the right hand of Gurmail Singh, whereas Kala Singh and Harnek Singh Appellants gave gandasa blows on his head. Ajmer Singh then gave a gandasa blow to Rupinder Singh as well on his right arm and Gurmail Singh also hurled a kasia towards Gurmeet Singh and Rupinder Singh raised a raula, on which Raman Singh Namberdar also came to the spot and the assailants ran away alongwith their weapons. Raman Singh, therefore, arranged a tractor trolley and took the three injured to the Civil Hospital, Mukstar, where the doctor declared Balkar Singh dead, whereas the other two were admitted in the hospital and medico -legally examined. Gurmail Singh also made a statement Ex. PJ before Inspector/SHO Harbhagwan Singh at 9.25 P.M. on 7.7.1991 on the basis of which the formal F.I.R. was registered at Police Station Mukstar at 9.40 P.M. and the special report delivered locally at 11.45 P.M. the same night. Dr. S.K. Jagga P.W.1 examined Rupinder Singh on 7th July, 1991 at about 6.45 P.M. and found one simple injury on his person which could have been caused within six hours by a blunt weapon and at 9 P.M. of the same evening, medico -legically examined Gurmeet Singh and found two injuries on his person. On 7th July, 1991 at 6.20 P.M. Dr. Meena jagga medico legally examined Gurmail Singh (P.W.2) and found one incised wound on his right thumb and another on the right temporal area on the right side of head and opined that injury No. 1 was grievous whereas the other two were simple.

(3.) DURING the investigation, three gandasa were recovered from Ajmer Singh, Baldev Singh and Gurmeet Singh appellants and on examination were found to be stained with human blood. Blood stained earth and narma leaves which were stained with blood were also lifted from the spot by Inspector Harbhagwan Singh P.W.11 on 8th July, 1991 and they too were sent for analysis and found to be stained with human blood. On the completion of the investigation these appellants were accordingly, charged.