MAJOR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 386-DB of 2004 and Criminal Revision No. 1923 of 2004 for enhancement of sentence arising out of judgment dated 27.3.2004 passed by Additional Sessions Judge (Adhoc), Gurdaspur whereby the accused Surinder Singh, Jagir Singh and his sons Hardip Singh & Major Singh were convicted for the offence under Sections 302, 324/34 IPC and were sentenced accordingly for committing murder of Gurcharan Singh and causing injuries to Surinderjit Singh.

(2.) The aforesaid accused persons and Sohan Singh (since acquitted) are residents of village Vithwan, Police Station Hargobindpur in district Gurdaspur. Gurcharan Singh complainant has two sons, namely; Lakhwhderjit Singh is posted in Warehouse in Gardhiwal, District Hoshiarpur and Surinderjit Singh is also along job in Government High School, Harchowal.

(3.) In his statement dated 27.1.2000 at about 7.30 p.m, Gurcharan Singh disclosed that when he alongwith his son Surinderit Singh was present in his house, Surinder Singh @ Chhinda accused in front of his house (house across the road) had been abusing them. When they reached in the vacant plot of Piara Singh to prevent them, then Major Singh, Hardip Singh & Jagir Singh armed with Kirpans, Sohan Singh armed with dang and Surinder Singh armed with datar came there and exhorted to catch them and they be taught a lesson for stopping them to play the speaker of the Gurdwara. At this, Major Singh inflicted kirpan blow on the right side of his head, Hardip Singh inflicted a kirpan blow which he warded off with a stick in his hand to save himself. However, he received injury on his fingers. Surinder Singh inflicted a datar blow on the right ear and neck. Consequently, he fell down. Then Jagir Singh again inflicted a kirpan blow on his right leg. Jagir Singh inflicted a kirpan blow, which hit him on the left side of the face and near his eye. Then his son Surinderjit Singh came forward to rescue him. Then Major Singh inflicted a kirpan blow, which hit the figures of Surinderjit Singh. Surinder Singh also gave a datar blow, which hit on the thumb of his left hand. In the meanwhile, Chanan Singh son of Jawand Singh and Sukhdev Singh son of Mohan Singh, both residents of village Vithwan came at the spot and witnessed the occurrence. Surinderjit Singh rushed back to his house and on reaching the roof of the house, he fired gun shots twice in the air to scare away the accused. Consequently, the accused ran away. Surinder Singh shifted Gurcharan Singh to Guru Teg Bahadur Hospital, Amritsar where ASI Joginder Singh came and recorded his statement, on the basis of which, FIR under Sections 326, 324, 148 and 149 IPC, was registered. Unfortunately, Gurcharan Singh died on 29.1.2000, as a result of which, offence was converted into under Section 302 IPC. On registration of the FIR, investigation commenced. After completing all the formalities, the challan against the accused was presented in the Court. Consequently, the Court framed the charges against the accused under Sections 148, 302, 324 read with Section 149 IPC to which they pleaded not guilty and claimed trial.