PURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE factual matrix of the prosecution case is as follows : There is land measuring 39 acres in the revenue estate of village, Pungan, Teh. Ajnala, District Amritsar, belonging to the Gram Panchayat of the village. Gram Panchayat used to lease out that land every year. Out of that land 3 acres was on lease with Mukhtiar Singh son of Pritam Singh for the last three years prior to 5/1952. Since the year, 1988, Udham Singh son of Shangara Singh was getting girdawri recorded in his name and he was trying to enter possession thereof. Parkash Singh son of Banta Singh was Sarpanch of the village. He was dissuading Udham Singh for entering possession of the land. He (Parkash Singh) had made an application to the Thana regarding Udhan Singh's trying to take possession of the land belonging to the Gram Panchayat. On 22.5.1992, Parkash Singh, Dalbir Singh, Chhinda Singh and Pritam Singh went to Police Station, Ajnala in connection with that application and there they learnt, in the afternoon that fight had taken place in the village in connection with the possession of the Gram Panchayat land and both parties had received injuries. Parkash Singh, Dalbir Singh, Chhinda Singh and Pritam Singh went to Civil Hospital, Ajnala to know the condition of their party -men. It was about 5.30 P.M. that Puran Singh son of Dial Singh armed with Kirpan, Hazoor Singh son of Dial Singh armed with gandasi, Munsha Singh son of Saudagar Singh armed with small Kirpan, Udham Singh son of Shangara Singh armed with Kirpan and Balwinder Singh alias Babbu son of Munsha Singh armed with gandasi were standing in the court -yard of the hospital. On seeting them, Puran Singh and other accused opened assault on Parkash Singh etc. Puran Singh dealt a Kirpan blow which landed on the back of Parkash Singh and Munsha Singh caught hold Parkash Singh of his hair. Pritam Singh etc. raised hue and cry. Hazoor Singh dealt a gandasi blow (while using gandasi from blunt side) to Dalbir Sigh which landed on his shoulder blade. Dalbir Singh fell on the ground. Hazoor Singh dealt another gandasi blow (while using gandasi from blunt side when he was lying fallen) which landed on his face. Udham Singh dealt two Kirpan blows to Chhinda Singh, one kirpan blow landed on his left wrist and the other kirpan blow landed on his head. Balwinder Singh gave two gandasi blows (while using Gandasi from the blunt side to Pritam Singh which landed on his left eye, face and shoulder blade. Parkash Singh succumbed to injuries at the spot. ASI Harbhajan Dass was present in village Pungan in connection with the investigation of the aforesaid application, where he learnt that fight had taken place in connection with that application between both the warring groups and they had arrived in Civil Hospital, Ajnala. ASI Harbhajan Dass along with constable Surjit Singh etc. reached Civil Hospital, Ajnala and recorded stantement Ex. PF of Pritam Singh PW, on the basis of which, case FIR No. 33 was registered vide formal FIR Ex. PF/2 at Police Station, Ajnala under Sections 302/324/323/148/149 Indian Penal Code at 7/7.35 P.M. Special Report reached Ilaga Magistrate at 2.00 P.M. on 23.5.1992. Dr. Surinder Singh, medical Officer, Civil Hospital, Ajnala Medically examined Dalbir Singh on 22.5.1992 at 9.45 P.M. and found following injuries on his person :

(2.) ON the case being committed to the Court of Session at Amritsar, Puran Singh and others were charged under Section 148 Indian Penal Code by Additional Sessions Judge, Amritsar vide order dated 11.11.1992. He charged Puran Singh under Section 302, Indian Penal Code. He charged Balwinder Singh, Hazoor Singh, Udham Singh and Munsha Singh under Section 302/149 Indian Penal Code. He charged Udham Singh under Section 324, Indian Penal Code. He charged Puran Singh, Balwidner Singh, Munsha Singh and Hazoor Singh under Section 324/149, Indian Penal Code. He charged Balwinder Singh and Hazoor Singh under Section 323, Indian Penal Code. He charged Puran Singh, Munsha Singh and Udham Singh under Section 323/149, Indian Penal Code. Accused pleaded not guilty to the charge and claimed trial.

(3.) WITH a view to bring home to the accused the charges levelled against them by the prosecution, the prosecution examined Dr. Surinder Singh PW.1; Jaimal Singh, Panchayat Secretary PW. 2; Constable Rajpal Singh PW.3; Dr. R.K. Gorea Professor of Forensic Medicine, Medical College, Amritsar PW. 4; Pritam Singh PW.5, Dalbir Singh PW. 6; Chhinda Singh PW. 7; SI Harbhajan Dass PW 8; SI Gurmej Singh PW.9 and Kulwant Singh PW. 10. Piara Singh, constables Jagjit Singh, Risal Singh, ASI Surinder Singh, ASI Rajesh Kumar, HC Charan Singh and H.C. Manjit Singh were given up as not necessary. Report of the Chemical Examiner Ex. PXY was tendered into evidence.