BAWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SEVEN appellants namely Bawa Singh, Jagtar Singh, Balkar Singh, Hardeep Singh, Gurnam Singh, Balbir Singh and Amrik Singh have filed the present criminal Appeal which has been directed against the judgment and order dated 10.7.1987 passed by the Court of Additional Sessions Judge, Amritsar who convicted all the appellants under Sections 307/325/324/148 read with Section 149 of the Indian Penal Code and sentenced all the appellants under section 148 of the Indian Penal Code for a period of one year each and to pay fine of Rs. 200/- each. In default of payment of fine each of the appellants was directed to undergo rigorous imprisonment for a period of one month. Further the trial Court sentenced Amrik Singh and Hardip Singh to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/- each under section 307 of the Indian Penal Code and in default of payment of fine, they were ordered to undergo rigorous imprisonment for a period of three months, whereas appellants Gurnam Singh, Bawa Singh, Jagtar Singh, Balkar Singh and Balbir Singh were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/- each under section 307 of the Indian Penal Code read with Section 149 of the Indian Penal Code. In default of payment of fine, they were directed to undergo rigorous imprisonment for a period of three months. Appellant Bawa Singh was sentenced to undergo rigorous imprisonment for a period of 1-1/2 years with a fine of Rs. 300/- under section 325 of the Indian Penal Code and in default of payment of fine he was directed to undergo rigorous imprisonment for a period of two months whereas appellants Bawa Singh, Hardip Singh, Jagtar Singh, Amrik Singh, Gurnam Singh and Balbir Singh were sentenced to undergo rigorous imprisonment for a period of 1-1/2 years each with a fine of Rs. 300/- each under Section 325 of the Indian Penal Code read with section 149 of the Indian Penal Code and in default of payment of fine each one of them was directed to undergo rigorous imprisonment for a period of two months for causing injuries to Gurnam Singh. Balkar Singh and Gurnam Singh appellant were sentenced to undergo rigorous imprisonment for a period of one year each with a fine of Rs. 200/- each under section 324 of the Indian Penal Code. In default of payment of fine each of the two appellants was directed to undergo rigorous imprisonment for a period of one month whereas appellants Bawa Singh, Hardip Singh, Jagtar Singh, Amrik Singh and Balbir Singh were sentenced to undergo rigorous imprisonment for a period of one year each and to pay of fine of Rs. 200/- each, under section 324 read with Section 149 of the Indian Penal Code. In default of payment of fine, each one of them was directed to undergo rigorous imprisonment for a period of one month each. The trial Court further held that all the sentences awarded to the appellants shall run concurrently.

(2.) THE prosecution story in brief is that Gurnam Singh PW lodged F.I.R. and he stated before the police that he was resident of village Thathi Jaimal Singh and that in his village there was a common land near pond belonging to the panchayat. Out of that land some land was being cultivated by Atma Singh son of Kehar Singh and Niranjan Singh son of Natha Singh and they were giving their share to the panchayat. A resolution was passed that entire land of the village pond by given to the Gurdwara. The resolution was signed and thumb- marked by the members of the panchayat and other respectables of their village. Wives of Gurnam Singh and Niranjan Singh also agreed to that resolution and attested the same. Thereafter Gurnam Singh and Niranjan Singh refused to give the land in the name of Gurdwara. Due to that dispute arose about the said land. The proceedings under Section 1078/151 Cr.P.C., were started against the parties because the villagers had installed a 'Nishan Sahib' in the said land and also started langar. Gurnam Singh PW was working there as Sewadar.

(3.) THE doctor after examining the injured sent the Medico Legal Reports to the Police Station for registration of the case and ASI Jagjit Singh received the same in the adda of village Amarkot on 24.11.1985 where he was present in connection with V.I.P. duty. After he was free from V.I.P. he went to the hospital Khemkaran and moved applications Ex.PG and Ex.PH and the Doctor declared both the injured unfit to make statements as they were under sedation. Asi Jagjit Singh again went to the hospital on 25.11.1985 and this time Doctor declared Gurnam Singh fit to make statement. Similarly Kulwant Singh was declared fit to make statement. After obtaining opinion of the Doctor ASI, Jagjit Singh recorded the statement of injured Gurnam Singh which is Ex.PB. It was read over to him and he thumbmarked it in token of its correctness. The thanedar made endorsement Ex.PB/1 on the statement of Gurnam Singh and sent it for registration of the case on the basis of which formal F.I.R. Ex.PB/2 was recorded. After completing necessary formalities, challan was presented against the accused in the court of Area Magistrate, who supplied the copies of the documents to the accused and vide commitment order dated 12.5.1986 the appellants were committed to the court of Sessions to face trial. Vide order dated 25.9.1986, the appellants were charge-sheeted under Sections 148, 307, 325/149, 324/149, 226, 226/149 of the Indian Penal Code to which they pleaded not guilty and claimed trial.