BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We shall be deciding Criminal Appeal No. 363-DB of 2003 and Criminal Revision No. 1093 of 2003, as they arise out of the same judgment/order of the learned Sessions Judge, Bathinda.

(2.) The learned Sessions Judge, Bathinda convicted Balbir Singh and Hamir Singh sons of Banta Singh and Iqbal Singh son of Gurpiar Singh under Sections 302/324/323/34 IPC and sentenced them to undergo various terms of sentences.

(3.) The case of the prosecution is unfolded by the statement Ex.PQ of Gursewak Singh, given to SI Sukhchain Singh at Civil Hospital, Maur. He stated that he has two brothers, namely Sikander singh and Bhim Singh. Their agricultural work is joint. Their father Gurdev Singh has three brothers, namely, Banta Singh, Gurjant Singh and Gurpiar Singh. Gurdev Singh and his brothers had installed a tubewell jointly in Dhabhanwala field. This tubewell was closed as it was not in working order. On 7.1.2001 at about 1.00 P.M. Gursewak Singh along with his brothers was hoeing the wheat crop in the Dhabhanwala field. Balbir Singh and Hamir Singh sons of Banta Singh and Iqbal Singh son of Gurpiar Singh armed with kahis (spades) came there and tried to take out the pipes of the tubewell from beneath the ground. Gursewak Singh and his brothers went to them and asked them not to do so, as the pipes were installed jointly. He further told them that they should take out the pipes after consulting the elders. On this, all the three i.e. Balbir Singh, Hamir Singh and Iqbal Singh grappled with Gursewak Singh and his brothers. Balbir Singh gave a spade blow from the sharp side on the head of Sikander Singh, as a result of this blow, Sikander Singh fell down on the ground. Bhim Singh tried to intervene but Hamir Singh gave a spade blow on the left side of the head of Gursewak Singh. Iqbal Singh gave a spade blow on the head of Bhim Singh. Bhim Singh fell down, Iqbal Singh then gave a spade blow from the sharp side on his back. Balbir Singh then gave another spade blow from its reverse side on the left shoulder of Bhim Singh. Hamir Singh gave a spade blow on the neck towards the back of Bhim Singh. Gursewak Singh and Bhim Singh then raised an alarm. Balbir Singh, Hamir Singh and Iqbal Singh then fled away from there, with their spades. In the meantime Gurdev Singh their father came and put all the three injured in a tractor trolley and took them to the Civil Hospital, Maur. Sikander Singh had received a grievous injury and was referred to the hospital at Ludhiana. The grudge for the commission of offence is that Balbir Singh, Hamir Singh and Iqbal Singh felt insulted, as they were stopped from digging out the pipes of the tubewell. On the basis of this statement Ex.PQ, FIR Ex. PQ/1 was registered on 7.1.2001 at 5.00 P.M. The SDJM (duty), Talwandi Sabo received the special report on the same day at 2.27 P.M.