STATE OF PUNJAB Vs. DEVA SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 417, Code of Criminal Procedure by the State of Punjab against Deva Singh and ten other respondents from the judgment of Shri M. L. Mirchia, Judicial Magistrate 1st Class (D) Patiala dated February 26, 1966, Out of the 11 respondents, Asa Singh, Bhajan Singh and Balwinder Singh were proceeded against under Section 323 read with Section 34 Indian Penal Code, Balwinder Singh under Section 323, Amar Singh under Section 325 and Bhajan Singh under Section 506. All the respondents were also charged for offences under Sections 148 and 452, Section 323 read with Section 149 and Section 325 read with Section 149, Indian Penal Code.

(2.) DEVA Singh respondent No. 1 aged 60 years is the Father of Asa Singh respondent No. 2 aged 28 years, Amar Singh respondent No. 3 aged 24 years, Suba Singh respondent No. 4 aged 22 years, Darshan Singh respondent No. 5 aged 36 years and Kashmir Singh respondent No. 6 aged 20 years. The other four accused are sons of Bhan Singh, brother of Deva Singh. They are Bhajan Singh respondent No. 7 aged 30 years, Balwinder Singh respondent No. 8 aged 28 years, Attar Singh respondent No. 9 aged 26 years and Tasveer Singh respondent No. 10 aged 22 years. Gurcharan Singh respondent No. 11 aged 26 years is the son-in-law of Bhan Singh father of respondents Nos. 7 to 10. The respondents belong to village Alipur Ararian in the district of Patiala.

(3.) THE party of the accused-respondents suspected that Sukhwant Singh P. W. 7 son of Kartar Singh P. W. 5 had furnished information to the police against the accused for their carrying on illicit distillation of liquor. This seems to have itched the party of the accused for trouble against Kartar Singh.