PARGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgement of Additional Sessions Judge, Amritsar dated 29.4.1994 by which Pargat Singh, Mehal Singh and Karaj Singh have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for six months each. Karaj Singh was further convicted under Section 326, I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - or in default of payment of fine to further undergo rigorous imprisonment for two months, whereas Mahal Singh and Pargat Singh were convicted under Section 326 read with Section 34, I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - each and in default of payment of fine to undergo rigorous imprisonment for two months, whereas Mahal Singh and Pargat Singh were convicted under Section 326 read with Section 34, I.P.C and sentenced to undergo rigorous imprisonment for two years and to payment of fine to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - each and in default to payment of fine to undergo rigorous imprisonment for two months. Mahal singh and Pargat Singh were further convicted under Section 324, I.P.C. whereas Karaj Singh was convicted under Section 324 read with Section 34, I.P.C. and they were sentenced to undergo rigorous imprisonment for one year each.

(2.) THE brief facts of the prosecution case are as under: -

(3.) ON 6.8.1987, Gurmukh Singh (deceased) alongwith Baldev Singh, who is deaf and dumb was irrigating their field (land) in village Daleeri. At about 8.30 P.M., Gurdev Singh (P. W.) went to the field to serve meals to Gurmukh Singh and Baldev Singh. He was still behind the tubewell at a distance of 8 -10 karams when accused Pal Singh and Pargat Singh armed with spears and Karaj Singh and Mehal Singh armed with Takuas come there from the side of their tubewell by raising lalkaras that Gurmukh singh be taught a lesson for disconnecting the electric supply. At that time, an electric bulb was on. Pal Singh gave a spear blow hitting Gurmukh Singh on the right side of his abdomen Pargat Singh gave a spear blow hitting Baldev Singh on his right shoulder. Karaj Singh gave a Takua blows hitting Baldev Singh on his head and Mehal Singh gave two Takua blows hitting Baldev Singh on his left shoulder and fingers of left hand. Gurdev singh raised alarm. On hearing alarm, his brother Ravel Singh was also attracted to the spot, who also witnesses the occurrence. When the complainant raised alarm, the accused ran away from the spot alongwith their respective weapons towards their tubewell. Gurdev Singh and his brother removed the injured to the hospital and got them admitted in S.G.T.B. Hospital, Amritsar where they were medically examined. After getting admitted the injured in the hospital, Gurdev Singh was going to his village when the police met him near Bhikhiwind where he made a statement Ex. PF before A.S.I. Vishnu Dass. It was signed by him in token of its correctness. Vishnu Dass A.S.I. made endorsement on the Police Station on the basis of which F.I.R. Ex. PF/1 was recorded.