MILKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2.4.1997 passed by Additional Sessions Judge, Amritsar, whereby he convicted the appellants under sections 148, 302/323 read with Section 149 of the Indian Penal Code. Appellant Kabal Singh was sentenced to undergo rigorous imprisonment for two years under section 148 of the Indian Penal Code; rigorous imprisonment for life under section 302 of the Indian Penal Code and he was ordered to pay a fine of Rs.1000/-; in default thereof, he was further directed to undergo rigorous imprisonment for two months; rigorous imprisonment for one year under sections 323/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month; rigorous imprisonment for one year under Section 323 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month and rigorous imprisonment for one year under sections 323/149 of the Indian Penal Code; in default thereof, he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month. Appellant Milkha Singh was sentenced to undergo rigorous imprisonment for two years under Section 148 of the Indian Penal Code ; rigorous imprisonment for life under sections 302/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.1000/-; in default thereof, he was further directed to undergo rigorous imprisonment for two months; rigorous imprisonment for one year under sections 323/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month; rigorous imprisonment for one year under Sections 323/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month and rigorous imprisonment for one year under sections 323/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month. Appellant Baldev Singh was sentenced to undergo rigorous imprisonment for two years under section 149 of the Indian Penal Code; rigorous imprisonment for life under sections 302/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.1000/-; in default thereof, he was further directed to undergo rigorous imprisonment for two months; rigorous imprisonment for one year under sections 323 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month; rigorous imprisonment for one year under Sections 323/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month and rigorous imprisonment for one year under sections 323/149 of the Indian Penal Code and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for one month. All the substantive sentences were ordered to run concurrently.

(2.) The facts required to be noticed for the disposal of this appeal are that on 31.8.1987 Chhinda Singh (PW-3) along with his brother Rattan Singh (PW-4) and his father Didar Singh were working in their field in the area of village Sankatra. Rachhpal Singh (PW-5) was grazing cattle near the canal. A woman came there and informed that Rachhpal Singh has been surrounded by Kabal Singh, Milkha Singh, Baldev Singh, Dhian Singh (Proclaimed Offender) and Gurbax Singh @ Gacha Singh (since dead). On hearing this, Chhinda Singh along with his father and brother Rattan Singh went towards that side. All the accused were found present there and at that time Milkha Singh, Kabal Singh were armed with Takuas, Baldev Singh armed with Sua, Gacha Singh armed with Kandhali and Dhian Singh armed with a stick. All of them had surrounded Rachhpal Singh (PW-5). They were exchanging abuses with Rachhpal Singh and on seeing them, Rachhpal Singh (PW-5) also abused them.

(3.) When the accused were about to inflict injuries to Rachhpal Singh, his father stepped forward in order to rescue him, whereupon, Kabal Singh accused inflicted takua blow on the head of Didar Singh, Gacha Singh @ Gurbax Singh accused inflicted Kandhali blow dang wise hitting Didar Singh on his head. Didar Singh fell down on the ground. Gurbax Singh @ Gacha Singh gave another injury with Kandhali dang wise hitting Didar Singh on the left side of his chest. Baldev Singh accused inflicted sua blow dangwise hitting Didar Singh on his left arm. Milkha Singh inflicted takua blows to Didar Singh on his chest. When Chhinda Singh (PW-3) tried to rescue his father Didar Singh, he was attacked by Kabal Singh, who inflicted two takua blows on his head. Baldev Singh gave sua blow dangwise on his left shoulder. Dhian Singh (since proclaimed offender) gave 2/3 dang blows on his left arm. Kabal Singh gave takua blow on the head of Rattan Singh. Dhian Singh (Proclaimed Offender) also gave a dang blow to Rattan Singh on his left hand. Rachhpal Singh received injuries on his person. Milkha Singh accused inflicted takua blow dangwise on his head. Baldev Singh inflicted sua blow dangwise on his left arm. Dhian Singh gave 2-3 dang blows on his head and forehead. On receipt of those injuries, he fell down on the ground. Didar Singh succumbed to his injuries at the spot. Accused left the spot along with their respective weapons. The injured were medico legally examined and police was informed and after completion of necessary investigation, accused were challaned and sent up for trial.