BAKHTAWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the judgment of the Additional Sessions Judge, Ferozepur dated 21st April, 1992 whereby he convicted the appellants under Section 302/34 and other Sections of the Indian Penal Code.

(2.) The case arises out of an F.I.R. registered at the instance of Gurbax Singh P.W.8. As per this report, on 24th September, 1988, at about 4 P.M. Gurbax Singh the first informant alongwith his uncle Mehar Singh deceased each carrying a Kahi had gone to their fields to take out the water that had accumulated on account of heavy rains and inundated the crop. At about 5.15 P.M. accused Ajit Singh armed with a gandasa, Bakhtawar Singh with a Kahi, Amar Singh with a sua and accused Malkiat Singh armed with a gandasa came from the side of their fields which were adjoining the fields of Mehar Singh. Accused Ajit Singh abused Mehar Singh as to why he was disrupting the flow of water as while doing so, he was spoiling their crop. Mehar Singh replied that he was stopping the water to save his own crop from destruction. On this, Bakhtawar Singh gave a kahi blow on the Head of Mehar Singh, as a result of which, he fell down and became unconscious. When Gurbax Singh came forward in support of his uncle Amar Singh accused gave two sua blows one after the other on his fore-head. Ajit Singh accused gave a gandhali blow on the right side of his back, Malkiat Singh accused gave a gandasa blow on the left side of his back and Deepa accused gave a gandasa blow on the right wrist. On hearing an alarm, Labh Singh and Kulwant Singh were attracted to the spot whereupon the accused ran away with their respective weapons. In the meantime, Kehar Singh, father of Gurbax Singh P.W. and brother of Mehar Singh injured came to the spot and took both the injured to the Civil Hospital, Zira. As the condition of Mehar Singh was precarious, he was referred to Medical College, Faridkot. On the basis of the statement made by Gurbax Singh, a case under Sections 324/323/148 and 149 of the Indian Penal Code was registered against the accused, whereas Mehar Singh was referred to C.M.C. Hospital, Ludhiana for further treatment. He was discharged from the hospital, on 8th October, 1988 but died on 13th October, 1988 at 5 P.M. in his village. The case was, thereafter, converted to one under section 302 of the Indian Penal Code. On investigation, the Police found that accused Bakhtawar Singh, Ajit Singh and Malkiat Singh were liable to be challaned, whereas accused Deepa and Amar Singh were shown in column No. 2 of the report under Section 173 of the Code of Criminal Procedure.

(3.) After framing of the charge against the accused who had been challaned, the prosecution examined Gurbax Singh as P.W.-1 and, therefore, moved an application under Section 319 of the Code of Criminal Procedure, for summoning Deepa and Amar Singh accused. Vide order dated 15th December, 1989, they too were summoned as such. The charges were, accordingly, framed against all the accused on 10th January,1990, but the accused pleading not guilty, claimed trial.