TAR MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 491-DB of 1986 as also Criminal Appeal No. 582-DBA of 1986 arising out of the judgment passed by the learned Sessions Judge, Gurdaspur, on 31-5-86, whereby appellants; namely, Tar Masih, Satta alias Satnam Masih, Suraj Masih, Gulli alias Jaswant Masih and Sadiq Masih were tried for the offences punishable under sections 148, 452, 302, 302/149, 324/149, 323/149 of the Indian Penal Code (for short the Code) and wherein first four accused-appellants, referred to above, were convicted and sentenced under various offences as detailed below However Sadiq Masih was acquitted of all the charges framed against him vide judgment under appeal. That is how the first four accused-appellants, namely, Tar Masih, Satta alias Satnam Masih, Suraj Masih and Gulli alias Jaswant Masih have come up in appeal in this Court against their conviction all sentence under the various offences mentioned above and they have filed Criminal Appeal No. 491-DB of 1986, whereas, the State of Punjab has also come up in appeal against the Name of the accused appellant Offence u/s Sentences awarded Tar Maish Satta alias Satnam Singh, Suraj Masih, and Gulli. 452 IPC 3 Years R.I. and a fine of Rs. 500/-each, default of payment to under go R.I. for s months. Satta alias satnam Masih 302 IPC Life imprisonment and the fine of R 5000/-,in default: R.I. for one year Tar Masih Suraj Maish and Gulli 302/34 IPC Life imprisonment and the fine of R 5000/-each. In default: R.I. for one year Tar Masih 324 IPC R.I. for six month and a fine of Rs.200/-. default thereof R.I. for one months. Satta, Suraj Maish and Gulli 324/34 IPC R.I. for six month and a fine of Rs.200 each.In default thereof R.I. for one months Suraj Maish 323 IPC R.I. for six month and a fine of Rs.200f default of Payment of fine months R.I. (f causing hurt to Joga P.W.) Tar Maish and Gulli 324/34 IPC R.I. for six month and a fine of Rs.200/. default of Payment of fine months R.I. (fi causing hurt to Joga P.W.) Suraj Maish 323 IPC R.I. for six month and a fine of Rs.200/. default of Payment of fine months R.I. (f causing hurt to Smt. Charno) Tar Satta, Maish and Gulli 324/34 IPC R.I. for six month and a fine of Rs.200/. default of Payment of fine months R.I. (fi causing hurt to Smt. Charno) acquittal of Sadiq Masih and has filed Criminal Appeal No. 582-DBA of 1986.

(2.) Suraj Masih is the maternal uncle of Tar Masih deceased. Both Suraj Masih and Tar Masih were residing in village Massanian for the last about 2 years. Earlier to that, Tar Masih was residing in D.P. Sukhdev P.W. 2, Joga P.W. 3 are the sons and Charno injured is the wife of Tara Masih, deceased.

(3.) On 15th September, 1985 at about 3.00 p.m., Sukhdev Masih, Joga Masih and Charno were present in their house. Suraj Masih went to their house and demanded Rs. 500/- which he had advanced to Tara Masih. Tara Masih requested him to wait for a few days more as he would return the money after harvesting the paddy crop. There was exchange of abuse between them. Suraj Masih went back to his house and after about two hours i.e. at about 5.00 p.m. Suraj Masih armed with a stick, his son Gulli armed with a Gandasi, Satta and Tar Masih armed with Gandasis and Sadiq Masih armed with a Datar came to the house of Tara Masih. Suraj Masih shouted that a lesson should be taught to Tara Masih for abuses. Suraj Masih gave a Gandasi blow to Charno on her head and another blow to Joga on his head, Gulli gave a Gandasi blow from the reverse wide on the left hand near the thumb and the middle finger of Sukhdev, Tar Masih gave two Gandasi blows to Sukhdev. Sukhdev, Joga and Tara Masih ran out of their house towards the house of their relation, named, Prito but they were surrounded by Tar Masih etc. Satta gave two Gandasi blows from the right side to Tara Masih on his head, Gulli gave a Gandasi blow to Tara Masih on his head side and Sadiq Masih gave a Datar blow on the back side of the head near the neck of Tara Masih. All the accused caused more injuries to the witnesses. Tara Masih fell down. On raising of the alarm by the P.Ws. several persons collected there. All the accused left the place with their weapons. Tara Masih died on the spot, Sukhdev P.W. leaving the chowkidar on the spot, along with Joga and Charno went to the Hospital Batala, where they were medically examined. The Police also reached the Hospital, where the statement of Sukhdev was recorded, which is Exhibit PD, by A.S.I. Gulshan Rai, P.W. 7. On the basis of the statement, First Information Report Exhibit PD/2 was registered at Police Station Sadar Batala. After the registration of the case, A.S.I. Gulshan Rai, P.W. 7, went to the spot and prepared the inquest report, Exhibit PC and sent the dead body of Tara Masih for post-mortem examination. He took into his possession the blood-stained earth and also prepared the rough site plan of the spot. After completion of the investigation, the accused were challenged and tried as mentioned in the earlier part of the judgment.