BOOTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment I dispose of Criminal Appeal No. 377 -SB of 1987 titled Boota Singh and another versus State of Punjab and Criminal Appeal No. 378 -SB of 1987 titled Boota Singh versus State of Punjab as in the opinion of this Court both the appeals can be disposed of by one judgment.

(2.) BOOTA Singh and Balkar Singh filed main appeal No., 377 -SB of 1987 and it has been directed against the judgment and order dated 27.5.1987 passed by the Court of Addl. Sessions Judge, Amritsar, who convicted Boota Singh under Section 307 I.P.C. and Balkar Singh under Section 307 read with Section 34 I.P.C. and sentenced them to undergo R.I. for a period of four years each and to pay a fine of Rs. 1,000/ - each. In default of payment of fine each one of them was directed to further undergo R.I. for a period of two months. Since Boota Singh was allegedly carrying a spear at the time of occurrence, he was separately convicted and sentenced under Section 25 of the Arms Act and he was ordered to undergo R.I. for one year and to pay a fine of Rs. 500/ -. In default of payment of fine he was directed to further undergo R.I. for one month. Aggrieved by this judgment and order Boota Singh also filed individually Criminal Appeal No. 378 -SB of 1987.

(3.) FOR the purpose of facts, I am taking the main Sessions Case in which Boota Singh and Balkar Singh were convicted and sentenced under Section 307 and Section 307/34 I.P.C. respectively. The brief facts of the case are that on 25.10.1986 Kartar Singh P.W.8 made a statement before A.S.I. Harbans Singh that his behak is in the field and near his behak the behak of Boota Singh is also situated. About 15 days prior to the occurrence which took place on 24.10.1986, Bachittar Singh son of Boota Singh got entered his cattle in his paddy field. His son Major Singh prevented Bachittar Singh from grazing his cattle in their paddy crop. Upon which Bachittar Singh abused his son Major Singh (injured). The matter was reported to Meja Singh, Member Panchayat, who got the matter compromised.