BACHAN SINGH AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) IN the evening of 14th April, 1966, there was a fight at about 7 p.m., near about the field of Niranjan Singh in village Bigharwal, at a distance of about 4 miles from Sunam Police Station, between two rival groups, one belonging principally to Bigharwal and the other consisting mainly of persons from Khadial, at a distance of 2kms. from Bigharwal, Sarwan Singh of Bigharwal died as a result of injuries received in this fight, while Man Singh received two simple injuries. From the other side, Bachan Singh received 14 injuries, three of these being grievous involving fractures of right forearm, scalp and right hand; Gurbachan Singh ten simple injuries while Ruldu had four simple injuries. Man Singh was examined by Dr. Garewal on 15th of April, 1966, at 8 a.m. at Sunam and the other three injured persons were examined by Dr. Dhillon of Sangrur at 4 -30 p.m. the same day. Bachan Singh remained in hospital till 19th of May, 1966, when he was discharged. Throughout his stay in the hospital from 15th April, 1966, till the 19th May, 1966, he was not fit to attend Court. In consequence of this fight, two separate prosecutions were launched. In the case under sections 302/34, Indian Penal Code, originally registered under sections 326/325/34, Indian Penal Code, Bachan Singh, Gurbachan Singh and Kartar Singh, the last named accused belonging to Bigharwal and the first two to Khadial, were brought to trial before the learned Sessions Judge, Sangrur, and each of the three accused was sentenced to ten years' rigorous imprisonment coupled with a fine of Rs. 1,000/ - each under Part I of section 304, read with section 34, Indian Penal Code. In the other case under sections 325/34, Indian Penal Code, Man Singh, Megh Singh and Joginder Singh of Bigharwal and Harchand Puri of Jalbhera have been convicted and sentenced by the same learned Judge in a different judgment of the same date for these offences to one and a half years' rigorous imprisonment coupled with a fine of Rs. 200/ - each. In the latter case, these four convicts were brought to trial along with four others, Karnail Singh, Labh Singh, Sukhdev Singh and Gurnam Singh alias Gama, who have, however, been acquitted. Though two different trials took place and two separate judgments prepared, the evidence in both cases is almost identical and it would, therefore, be convenient to dispose of the two appeals and two revisions arising from these judgments by one single order, the occurrence giving rise to these prosecutions being the same. From the judgment given in the case under sections 302/34, Indian Penal Code Bachan Singh, Gurbachan Singh and Kartar Singh have filed Criminal Appeal No. 1134 of 1966. The petition for revision for enhancement of their sentences in Criminal Revision No. 231 of 1967. Man Singh, Megh Singh, Joginder Singh and Harchand Puri have filed Criminal Appeal No. 1057 of 1966 against their conviction under sections 325/34. Indian Penal Code, and there is a petition for revision (Criminal Revision No. 166 of 1967) directed against the acquittal of the four accused and for enhancement of sentences imposed on the four convicts. This judgment will dispose of all these four matters.

(2.) THE earliest report of the occurrence was given by Man Singh of village Bigharwal to A.S.I. of Police Station Sunam, Zile Singh, who reached the Civil Hospital at 11.45 p.m. on receipt of ruqa (Exhibit P.A.) sent by the doctor. Sarwan Singh was lying unconscious, with injuries on his person, while Man Singh was injured. The police officer waited for some time but the doctor having certified that Sarwan Singh was unconscious and unfit to speak, took down the statement of Man Singh (Exhibit P.T.) which formed a basis of the first information report registered at Police Station Sunam at 1 -50 a.m. on 15th of April, 1966. Sarwan Singh died at 1 -35 a.m. and a ruqa (Exhibit P.D.) was sent to this effect to the Sub -Inspector, on receipt of which Zila Singh prepared the inquest report in the presence of Kartar Singh chowkidar, Kartar Singh brother of Sarwan Singh and Joginder Singh Sarpanch, all of village Bigharwal.

(3.) ON 14th of April, 1966, Man Singh Sarwan Singh deceased and Karnail Singh, all of Bigharwal, were returning from Sunam where they had gone to attend a fair. When they had reached their village at about 7 p.m., Kartar Singh, Bachan Singh and Gurbachan Singh, coming from behind also from the direction of Sunam, overpowered them near the field of Niranjan Singh. Kartar Singh and Bachan Singh were armed with gandasas while Gurbachan Singh had a barchha. Kartar Singh appellant shouted a lalkara to Sarwan Singh that he was going to suffer for his intransigence in not stopping Joginder Singh from using the passage through his house. Kartar Singh gave a gandasa blow from the sharp side on the left ear of Sarwan Singh while Bachan Singh gave a blow with a similar weapon from its reverse side on his left arm. Sarwan Singh on receipt of these blows fell on the ground when Gurbachan gave a barchha blow on the back side of the his shoulders. Man Singh raised an alarm and asked the assailants not to cause injuries in this fashion. Gurbachan Singh thereupon gave a blow on the head of Man Singh with his barchha lathi -wise, and Bachan Singh gave a gandasa blow from the blunt side on the back side of his head. Sarwan Singh was further belabored by the assailants with the weapons they were wielding although he was lying on the ground and turning his body. The appellants then ran away towards Bigharwal from where they proceeded further to Khadial. Sarwan Singh had become unconscious and Man Singh remained there to guard him while Karnail Singh went to the village which is hardly 4 or 5 killas from the scene of occurrence, to give information to Kartar Singh brother of Sarwan Singh.