DESA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants 1) Desa Singh 2) Hansa Singh 3) Satnam Singh 4) Gurnam Singh 5) Dewan Singh all sons or Bakar Singh residents of Village Hazara Ram Singh Wala, faced trial before the learned Sessions Judge Ferozepur in Sessions Case No. 151 of 1991 decided on 12-10-1993. All these accused stood charged under Section 148 IPC and were convicted and sentenced to undergo imprisonment for one year. Appellants Desa Singh and Dewan Singh were charged under Section 302 IPC but appellant Desa Singh was convicted and sentenced to undergo imprisonment for life, to pay a fine of Rs. 500/- and in default to undergo rigorous imprisonment for six months. The other three appellants were charged under Section 302, IPC, read with Section 149, IPC. But all these three accused, namely Hansa Singh, Satnam Singh Gurnam Singh, and Dewan Singh (who was charged under Section 302, IPC) were convicted and sentenced similarly under Section 302 read with Section 149, Indian Penal Code. The appellants, Hansa Singh, Satnam Singh, Gurnam Singh and Dewan Singh were charged, convicted and sentenced under Section 323, Indian Penal Code, to imprisonment for six months while appellant Desa Singh stood charged under Section 323 read with Section 149, Indian Penal Code; and was accordingly convicted and sentenced to undergo imprisonment for six months. Aggrieved by the same, the appellants have come forward with this Cr. appeal.

(2.) The case of prosecution is as follows :-

(3.) On 6-7-1988 Jagtar Singh (PW-4) along with his son Jagir Singh (deceased in the occurrence) had gone to irrigate their fields known as HITHAR WALA field. At about 9 p.m. the appellants/accused namely Desa Singh armed with a Kappa and the other four appellants-accused each armed with a sota came in a tractor and informed Jagtar Singh and Jagir Singh that they had to take their turn of water, upon which Jagtar Singh and Jagir Singh told them that they (Jagtar Singh and Jagir Singh) had borrowed the turn of water from Gurbachan Singh (PW-5) for two hours i.e. from 8 p.m. to 10 p.m., and that after taking the said turn of water they would be given their turn. But, the appellants insisted that they would take their turn of water then and there, and appellant-Satnam Singh started diverting the flow of water to his fields. Jagir Singh stopped him which led to an altercation. Appellant Desa Singh gave a blow from the blunt side of the Kappa on the head of Jagir Singh. Consequently Jagir Singh fell down, and while he was lying on the ground appellant-Dewan Singh gave a blow with sota on his left-eye. When Jagtar Singh (PW-4) came forward to rescue him, appellant-Satnam Singh gave a blow with the sota on his head, on which Jagtar Singh raised alarm stating "killed killed" and fell down. While Jagtar Singh was lying down on the ground, appellant-Hansa Singh gave a blow with sota on his left shoulder, appellant-Gurnam Singh gave a blow with the sota on his left biceps and Dewa Singh gave a blow with sota on his left leg. Thereafter all the accused left that place on the tractor with their respective weapons.