BALKAR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, I intend to dispose of CRAS-856-SB -2004 filed by Balkar Singh, Swaran Singh, Baldev Singh and Gurmit Singh and CRA-S-1025-SB-2004 filed by Gurnam Singh, Mukhtiar Singh, Darshan Singh, Piara Singh and Mohan Singh all of them being accused in FIR No. 66 dated 16.4.2000, for offences under Sections 307, 148, 149 IPC and Section 27 of Arms Act, registered with Police Station Sidhwan Bet, were tried by Additional Sessions Judge, Adhoc, Fast Track Court, Ludhiana, and vide judgment dated 31.3.2004, they were convicted and sentenced as follows:-

(2.) Briefly stated, the prosecution story is that complainant Kashmir Singh alongwith his brother Balbir Singh had purchased four killas of land in village Bagian, which had been given to Kashmira Singh Ex-Sarpanch of the village on rent for the purpose of cultivation. That piece of land was subject matter of dispute between the complainant and his brother Balbir Singh on one side and Balkar Singh, Swaran Singh, Baldev Singh and Gurmeet Singh on the other side. There was another dispute pending with regard to 10 killa of land situated in village Sherewal near village Bagian between the the two parties. Near that land, the complainant and his brother had sown wheat crop; that on 16.4.2000 at abut 7.30 A.M. Kashmir Singh ExSarpanch informed the complainant that accused Balkar Singh etc. with the help of accused Mukhtiar Singh etc. had gone to harvest the wheat crop of complainant from both the disputed pieces of land, as such the complainant alongwith his brother Balbir Singh, nephew Surjit Singh, Satta Singh and Jarnail Singh proceeded towards village Bagian in Tata 407. When the said vehicle was about ½ km short of village Bagian, at about 7.30 A.M. one Maruti car having occupants Balkar Singh, Swaran Singh, Baldev Singh and Gurmeet Singh came, which was being followed by a jeep. The jeep over took Tata 407 vehicle. At that time Baldev Singh was armed with a rifle. Those accused started raising lalkaras that Kashmir Singh etc. had come and they should not be allowed to go scot free. Accused Baldev Singh then fired a shot from his rifle, but fortunately, nobody was hurt. Accused kept on raising lalkaras and the jeep was taken to the house of accused Mohan Singh located in village abadi. Complainant and his companions stopped their vehicle on the passage and after alighting from it, tried to run away in order to save their lives. However, Piara Singh, Mukhtiar Singh, Darshan Singh, Mohan Singh and Gurnam Singh accused also alighted from their jeep. Accused Darshan Singh raised lalkara. Then accused Piara Singh, who was armed with 12 bore double barrel gun, fired a shot hitting on the right shoulder and on the fingers of right arm of the complainant. Mukhtiar Singh who was also armed with double barrel gun, fired a shot which hit on the person of Satta Singh, who was trying to lift the complainant. Thereafter, accused Mukhtiar Singh and Piara Singh again fired shots each from their guns, but shots went over them. In the meantime, Kashmira Singh Ex-Sarpanch alongwith Karnail Singh also arrived there and then accused managed to escape alongwith their respective weapons. Complainant and Satta Singh were then taken to Civil Hospital, Sidhwan Bet, from where they were referred to Civil Hospital, Jagraon. Motive for the incident was land dispute between the two parties. On such statement of the complainant, the Investigating Officer put his endorsement and then sent ruqa to the Police Station, on the basis of which formal FIR was registered.

(3.) Thereafter the matter was investigated. The accused were arrested in this case.