STATE OF PUNJAB Vs. GURBAX SINGH

JUDGEMENT

(1.) - The brief facts of the case which have given rise to two criminal appeals and one revision petition preferred by the State, the convicts Milkha Singh, Kabal Singh, Gurbax Singh and Baldev Singh (hereinafter referred to as the accused) and the complainant respectively are that on 31.8.1987 the deceased Didar Singh on the information of some lady that his son Rachhpal Singh was surrounded by the accused and the proclaimed offender Dhian Singh went towards the place of occurrence accompanied by his sons Chhinda Singh, Rattan Singh and Chanan Singh and found that his son Rachhpal Singh and the accused including the proclaimed offender were exchanging abuses with each other and his son was surrounded by them. Soon after the deceased reached on the spot, the accused Kabal Singh inflicted a Takwa blow on the head of the deceased and Gurbax Singh also inflicted Kandali blow on his head. The deceased fell down and the accused Gurbax Singh again caused two Kandali blows on the left side of his chest and the accused Baldev Singh inflicted a Sua blow from its handle hitting the left arm of the deceased. The accused Milkha Singh inflicted three-four Takwa blows on the deceased's chest. The deceased's son Chhinda Singh PW.3 tried to rescue his father and he too was attacked by the accused Kabal Singh who inflicted two Takwa blows on his head. Baldev Singh gave a Sua blow from its handle on his shoulder. The proclaimed offender Dhian Singh gave three-four dang blows on his left arm. Kabal Singh gave a Takwa blow on the head of Rattan Singh. The proclaimed offender also gave a dang blow on the left hand of Rattan Singh PW.4. The accused Milkha Singh inflicted a blow with the handle of Takwa on the head of Rachhpal Singh. The accused Baldev Singh inflicted a Sua blow from its handle on his forehead and Dhian Singh gave two-three dang blows on the forehead of Rachhpal Singh. The deceased succumbed to the injuries on the spot.

(2.) ON trial all the accused besides having been convicted and sentenced for different periods under Section 304-II Indian Penal Code were also convicted and sentenced under Section 148 of the Indian Penal Code for two years each. They also have been convicted and sentenced under Sections 323/34 of the Indian Penal Code as well.

(3.) HEARD Mr. Randhir Singh, Deputy Advocate General for the State and Mr. M.L. Merchea for the accused, bestowed our thoughtful consideration over the record on the file.