STATE OF PUNJAB Vs. FAUJA SINGH

JUDGEMENT

(1.) Fauja Singh, Joginder Singh and Naranjan Singh were tried by the Sessions Judge. Ferozepur for having committed murder of Mukhtiar Singh on 15-5-1988 in the 171 area of village Sawayia Rai, in furtherance of their common intention. After conclusion of trial, the Sessions Judge acquitted Naranjan Singh vide his judgment dated August 27, 1992 but convicted Fauja Singh and Joginder Singh for an offence punishable under Section 325 read with Section 34 of the Indian Penal Code for causing grievous injuries to Mukhtiar Singh and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/ - each or in default of payment of fine, to undergo further rigorous imprisonment for six months. The fine, if realised was ordered to be paid to the heirs of the deceased as compensation.

(2.) Feeling aggrieved. State of Punjab has filed Criminal Appeal No. 110-DBA of 1993 against the judgment and Fauja Singh and Joginder Singh filed Criminal Appeal No. 333-SB of 1992. Since both these appeals have arisen out of same judgment, the same are being disposed of by this judgment.

(3.) The facts material for the purpose of these appeals may, however, the briefly indicated: Ramesh Singh P.W. has two brothers. On the evening of 15-8-1988, all the three brothers had irrigated their land across the rivulet. The sun had just set when from the side of village towards the rivulet, Joginder Singh son of Shri Bainka Singh resident of Sawayia Rai Uttar called his brother Mukhtiar Singh. Mukhtiar Singh was on visiting terms with Joginder Singh. Mukhtiar Singh replied that he would come after a short while. After about half an hour, Mukhtiar Singh went to Joginder Singh. He asked his brothers to follow him after stopping the Engine. After half an hour, Ramesh Singh and Jagtar Singh followed the path taken by Joginder Singh and Mukhtiar Singh. As soon as they crossed the rivulet, they heard raula Bachao BachaoMar Ditta Mar Ditta. Ramesh Singh and Jagtar Singh ran towards the side from which raula was coming. In the torch light, they had seen that Naranjan Singh had caught hold of Mukhtiar Singh while Fauja Singh who was armed with a Kharpaland Joginder Singh who had a Tamba were giving lows to Mukhtiar Singh on his legs. It was about 9 p.m. In the meantime, Dial Singh had also come to the spot and witnessed the occurrence. On seeing Ramesh Singh and Jagtar. Singh, the respondents ran away towards their fields. While leaving Jagtar Singh at the spot in order in look after-Mukhtiar Singh, Ramesh Singh went to the village and informed his parents and other co-villagers and brought them to the spot. They then arranged a tractor trolley and removed Mukhtiar Singh to the Hospital at Jalalabad. On the way, Mukhtiar Singh became unconscious and after examining Mukhtiar Singh, the doctor declared him dead.