ZORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order we propose to dispose of two Criminal Appeals bearing No. 460-DBA of 1993 titled Man Singh v. Ajaib Singh as also 152 -DB of 1992 titled Zora Singh v. State of Punjab as both these appeals arise from the same occurrence even though there are two separate judgements recorded in each case. Vide judgement dated 27th of February, 1992, the Additional Sessions Judge, Patiala convicted appellants Zora Singh and Man Singh in Criminal Appeal No. 152 -DB of 1992 under Section 302 read with Section 34 of the Indian Penal Code and sentenced them for life and to pay a tine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each. They have also been convicted and sentenced under Section 326 I.P.C. read with Section 34 of the Indian Penal Code to undergo rigorous imprisonment for two years and fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for 3 months each. They have also been convicted and sentenced under Section 323 IPC. Read with Section 34 of the Indian Penal Code to undergo rigorous imprisonment for three months each. However, all the sentences have been ordered to run concurrently. Man Singh has tiled Criminal Appeal No. 460 -DBA of 1993 against acquittal of Ajaib Singh and Jarnail Singh of the charges framed against them under Sections 307/326/324 read with Section 34 of the Indian Penal Code.

(2.) The common case between the parties is that the occurrence in question took place on 29th of April, 1988 at 10.00 A.M. The manner in which, however, the occurrence took place has been given differently by the two sides. It is, however, proved that whereas Sarup Singh died in this occurrence and Ajaib Singh who is PW -9 from his side sustained four injuries, from the side of the appellants i.e. Zora Singh and Man Singh, Malkiat Kaur daughter of Man Singh had suffered three injuries whereas Zora Singh had suffered 8 injuries on his person. Raminder Kaur daughter of Man Singh had also suffered one injury on her head whereas Man Singh himself had suffered nine injuries on his person.

(3.) The matter was reported by Man Singh who lodged the F.I.R. on 29th of April 1988 at 4.05 PM. (Ex. PS) which was recorded by ASI Gurbhajan Singh PW-11 at Civil Hospital, Samana. Man Singh stated in his aforesaid statement that he was resident of village Gajipur and was engaged in cultivation. They were four brothers. Sarup Singh was the eldest, Wasakha Singh was younger to him whereas he was younger to him and Zora Singh was the youngest. They owned four killas of land. He and Sarup Singh were married, whereas Wasakha Singh and Zora Singh were unmarried. He had taken the land of Wasakha Singh on lease, whereas Sarup Singh had taken the land of the share of Zora Singh on lease since long. Wasakha Singh and Zora Singh were residing with him and were also taking their meals with him. Zora Singh had resided at Hazur Sahil for about six years. Sarup Singh had not paid the lease money for the aforesaid period. Zora Singh came back prior to sowing of Hari crop and he demanded the lease money from Sarup Singh for the aforesaid period. Sarup Singh had paid some money to Zora Singh. Zora Singh filed a suit in order to redeem his land from Sarup Singh. It was decided in his favour. He had sown wheat crop in the aforesaid land and the entries regarding Girdawari of this land were in the name of Sarup Singh. On account of this, he obtained stay from the Court. He also harvested the wheat crop. He took the grains after thrashing the wheat crop. On the eventful day, he (first informant) and his brother Zora Singh were collecting grains from the thrashing floor near the tube well in their field situated across the Choi and Sarup Singh along with his sons was also collecting grains from the thrashing floor in their fields. They opened the Naka of water and started irrigating the field of Zora Singh. Zora Singh, Nihang armed with barchha went near Sarup Singh in order to prevent him from irrigating his field. A dispute took place between them. He also rushed there. Sarup Singh armed with Barchha, Ajaib Singh armed with Gandasi and Jarnail Singh also armed with Gandasi were beating Zora Singh. Immediately all the aforesaid persons opened attack at him. Ajaib Singh gave a Gendasi blow from its right side on his head. He raised his right arm in order to ward off the blow. Jarnail Singh gave a Gandasi blow from its wrong side on his right biceps. Sarup Singh gave 2-3 Barchha blows from its right side on his right biceps he fell down. Jarnail Singh gave a Gandasi blow from its right side on his left leg below the knee. Ajaib Singh gave Gandasi blows from its right side on his right leg above the ankle and in front of left leg. Sarup Singh gave a Barchha blow on the right side of his abdomen and he also received injury on his left wrist. Sarup Singh and Ajaib Singh also sustained injuries in self defence. During the fight Sarup Singh had also caused injuries to his daughters Malkiat Kaur and Raminder Kaur who had come with their meals while they were trying to separate them. The cause of grudge was that his elder brother Sarup Singh had taken one Killa of land from Zora Singh on lease. Zora Singh wanted to redeem that land because the Court had vacated the stay in favour of Zora Singh which was earlier granted in favour of Sarup Singh. On the eventful day at 9-30/10.00 A. M. Sarup Singh had diverted the flow of water to the land. His brother Zora Singh went there in order to prevent them from irrigating the field and the dispute took place. Sarup Singh and others having connived with one another Mad caused injuries to them. They had also received injuries at their hands in their self defence. His daughter Sukhwinder Kaur who came there later on brought him to the village in a Rehri. They reached the hospital from there. Karnail Singh son of Jit Singh resident of Gajipur came with them from the village and got them admitted. The doctor had conducted their medical examination after dressing their wounds.