HARBHAGWANT SINGH ALIAS NOOPI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 104-DB of 2000, filed by Harbhagwant Singh alias Noopi son of Bhag Singh, Harvinder singh alias Happy son of Bhag Singh, santokh Singh son of Nijjar Singh, Manjit singh alias Bhagga Singh son of Santokh singh, Kuldip Singh son of Santokh Singh and Lekh Raj alias Pappu son of Sant Ram and Criminal Appeal No. 859-DB of 2004, filed by Bhag Singh son of Harbans Singh, accused (now appellants), against the judgment of conviction, and the order of sentence, dated, respely, rendered by the Courts of additional Sessions Judge, Jalandhar, vide which, they convicted and sentenced them, as under, as also, Criminal Appeal No. 538 of 2000, filed by Gian Singh son of Mehar singh, complainant, for setting aside the acquittal of Sarwan Singh, accused, for enhancement of fine heavily, and payment of the same, as compensation, to the kith and names of the accused (now appellants)Offence for which convicted sentence awarded 1 2 3 (a)Harbhagwant Singh @ Noopi (a)Under Section 302/149 indian Penal Code life imprisonment and to pay fine of Rs. 1000/-, and in default thereof, to undergo rigorous imprisonment for a period of six months. (b)Under Section 307 indian Penal Code rigorous imprisonment for a period four years and to pay a fine of Rs. 500/-, and in default thereof, to further undergo rigorous imprisonment for a period of three months. (c)Under Section 148 indian Penal Code rigorous imprisonment for a period of one year. (d)Under Section 324/149 indian Penal Code rigorous imprisonment for a period of one year. (b)Harvinder Singh @ Happy (a)Under Section 302 indian Penal Code. Life imprisonment and to pay fine of Rs. 1000/-, and in default thereof, to undergo rigorous imprisonment for a period of six months. (b)Under Section 307/149 indian Penal Code rigorous imprisonment for a period four years and to pay a fine of Rs. 500/-, and in default thereof, to undergo rigorous imprisonment for a period of three months. (c)Under Section 324 indian Penal Code rigorous imprisonment for a period of one year. (d)Under Section 324/149 indian Penal Code rigorous imprisonment for a period of one year. Names of the accused (now appellants)Offence for which convicted sentence awarded 1 2 3 (e)Under Section 148 indian Penal Code rigorous imprisonment for a period of one year. (c)Santokh Singh (a)Under Section 302 indian Penal Code life imprisonment and to pay fine of Rs 1000/ , and in default thereof, to undergo rigorous imprisonment for a period of six months. (b)Under Section 307/149 indian Penal Code rigorous imprisonment for a period four years and to pay a fine of Rs. 500/-, and in default thereof, to further undergo rigorous imprisonment for a period of three months. (c)Under Section 324/149 indian Penal Code rigorous imprisonment for a period of one year. (d)Under Section 148 indian Penal Code rigorous imprisonment for a period of one year. (d)Manjit Singh @ Bhagga Singh (a)Under Section 302 indian Penal Code life imprisonment and to pay fine of Rs. 1000/ , and in default thereof, to undergo rigorous imprisonment for a period of six months. (b)Under Section 307/149 indian Penal Code rigorous imprisonment for a period of four years and to pay a fine of Rs 500/ , and in default thereof, to further undergo rigorous imprisonment for a period of three months. (c)Under Section 324 Indian Penal Code rigorous imprisonment for a period of one year. (d)Under Section 324/149 indian Penal Code rigorous imprisonment for a penod of one year (e)Under Section 148 Indian Penal Code rigorous imprisonment for a penod of one year (e)Kuldip Singh (a)Under Section 302 Indian Penal Code life imprisonment and to pay fine of Rs. 1000/ , and in default thereof, to undergo rigorous imprisonment for a period of six months. (b)Under Section 307/149 indian Penal Code rigorous imprisonment for a period of four years and names of the accused (now appellants)Offence for which convicted sentence awarded 1 2 3 to pay a fine of Rs. 500/-, and in default thereof, to further undergo rigorous imprisonment for a period of three months. (c)Under Section 148 Indian Penal Code rigorous imprisonment for a period of one year. (d)Under Section 324/149 indian Penal Code rigorous imprisonment for a period of one year. (e)Under Section 324 Indian Penal Code rigorous imprisonment for a period of one year. W lekh Raj @ Pappu (a)Under Section 302 Indian Penal Code life imprisonment and to pay fine of Rs. 1000/-, and in default thereof, to undergo rigorous imprisonment for a period of six months. (b)Under Section 307/149 indian Penal Code rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/-, and in default thereof, to undergo rigorous imprisonment for a period of three months. (c)Under Section 324 Indian Penal Code rigorous imprisonment for a period of one year. (d)Under Section 324/149 indian Penal Code rigorous imprisonment for a period of one year. (e)Under Section 302 Indian Penal Code rigorous imprisonment for a period of one year. (g)Bhag Singh (a)Under Section 148 Indian Penal Code to undergo rigorous imprisonment for one year (b)Under Section 302 read with Section 149 indian Penal Code to undergo life imprisonment and to pay a fine of Rs. 1000/-and in default of payment of fine, to undergo rigorous imprisonment for six months. (c)Under Section 307 read with Section 149 indian Penal Code to undergo rigorous imprisonment for a period of four years and to pay a fine of rs. 500/- and in default of payment of fine, to undergo rigorous imprisonment for three months. Names of the accused (now appellants)Offence for which convicted sentence awarded 1 2 3 (d)Under Section 324 read with Section 149 indian Penal Code to undergo rigorous imprisonment for one year for causing injuries to Jatinder Singh (e)Under Section 324 read with Section 149 indian Penal Code to undergo rigorous imprisonment for one year for causing injuries to Jagir Singh, PW. All the substantive sentences, were ordered to run concurrently. kin of the deceased :-

(2.) THE unfortunate catastrophe, in the instant case, which led to the loss of one valuable life and injuries, on the person of two injured, on the side of the complainant, seems to be the result of chronic land dispute, and a competitive race for taking possession of the same (land) by the complainant or the accused. The story commenced with the purchase of two killas of land from santokh Singh, accused, by Jagir Singh, injured, vide registered sale-deed, about four years earlier to 16-10-96. As emerges, from the record, Santokh Singh, vendee. The said land was adjacent to the passage. Bhag singh, accused, and his sons were helping santokh Singh, in that matter. On 16-10-96, at 10. 00 p. m. , Gian Singh, complainant, his son Manjit Singh (now deceased), jagir Singh, and his son Jatinder Singh, had gone for cultivating the land aforesaid of jagir Singh. After doing so, Gian Singh, in tata Siera, bearing registration No. PB-37-7580, with a point 12 bore gun, placed in the same, Manjit Singh, on his scooter, bearing registration No. PB-37-7406, where as jagir Singh and Jatinder Singh, in a tractor, bearing registration No. PUL-1638, keeping a licenced. 315 rifle, in the same (belonging to jagir Singh), were coming back to village Garha, and, when they were still at some distance, from the grid station of village Garha, Sarwan Singh, accused (since acquitted), came, driving a four wheeler Tata 407, bearing registration No. PB-08-P-8479 and stopped the same, in front of the tractor of Jagir Singh and Jatinder Singh. Santokh Singh, accused, armed with a gandassi, Kuldeep Singh, accused, armed with a kirpan, Bhagga Singh alias Manjit singh, accused, armed with a datar and lekh Raj alias Pappu, accused, armed with a datar, alighted from that vehicle. The vehicle was followed, by one motorcar, bearing registration No. DL-3c-B-4498. That car also stopped at that place. Harbhagwant Singh @ Noopi, accused, armed with a rifle, Harvinder Singh @ happy, accused, armed with a datar, and bhag Singh, accused, empty handed, came out of the same. Bhag Singh, raised an exhortation, that no member of the complainant party, should go unhurt. On such exhortation, having been raised by Bhag Singh, kuldip Singh, gave two blows with kirpan, on the right leg of Manjit Singh (now deceased)and Bhagga Singh @ Manjit Singh, accused, gave a blow with his datar, on the left leg of Manjit Singh (since deceased), as a result whereof, he fell down, on the ground. Gian Singh, after coming out of his car, tried to save his son Manjit Singh (now deceased), upon which, Santokh Singh, gave two blows, with gandassi, on his head. Harvinder Singh @ Happy, gave blow with his datar, on the left shoulder of Jagir Singh and Kuldip singh, gave with his sword (kirpan), on the right thigh of Jagir Singh. Bhagga Singh @ manjit Singh, accused, gave a blow with datar, on the right wrist of Manjit Singh. Lekh Raj @ Pappu, also gave datar blow, on the right hand of Manjit Singh. Santokh singh, accused, gave blows with his gandassi, on the head of Manjit Singh. Lekh raj @ Pappu, gave blow with his datar, on the arms of Manjit Singh and Harvinder singh @ Happy, also gave blows with his datar, on the head of Manjit Singh. Gian singh and Jatinder Singh, raised an alarm of 'killed-killed' and entered the sugarcane fields. Bhag Singh, accused, exhorted harbhagwant Singh @ Noopi, accused, to fire at them, towards the sugarcane fields. Harbhagwant Singh @ Noopi, accused, then fired shots from his rifle towards Gian Singh and Jatinder Singh, but luckily, they escaped. They kept on raising alarm, from the sugarcane fields, which attracted Gurpeet singh, to the spot. Thereafter, all the accused escaped from the place of occurrence, with their respective weapons, leaving their vehicles, at the spot. The occurrence was witnessed by the injured and the witnesses in the headlight of the vehicles, which were at the spot. It was stated that they were attacked by the accused, under the apprehension, that they were going to plough the land, aforesaid, which was so purchased, by Jagir singh, from Santokh Singh. Manjit Singh, who was, in injured condition, was taken to civil Hospital, Phillaur, where, he succumbed to his injuries after sometime. Jagir singh and Jatinder Singh, were taken to daya Nand Medical College and Hospital, ludhiana, by Gurpreet Singh. Gian Singh, was going to the Police Station, to lodge a report, when Angrej Singh, Sub Inspector/ station House Officer, Police Station phillaur, met him, at the bus-stand. He made statement exhibit PJ, before Angrej Singh, sub-Inspector/station House Officer, which was read-over and explained to him. Endorsement exhibit PJ/1, was appended thereon, by Angrej Singh, Sub-Inspector/ station House Officer, and the same was sent to the Police Station, on the basis whereof, FIR exhibit PJ/2, was recorded.

(3.) THEREAFTER, Angrej Singh, Sub inspector, came to Civil Hospital, Phillaur, and prepared the inquest report, exhibit PB, of the dead-body of Manjit Singh. The dead-body was sent to the doctor along with application exhibit PA, for conducting post-mortem examination. Thereafter, Angrej Singh, Sub inspector, came to the spot. After inspecting the same, he prepared site-plan exhibit PZ/1, with correct marginal notes. The blood stained earth, from the spot, was lifted and converted into a parcel exhibit P23. The parcel was sealed and taken into possession, vide memo PQ. Three empty cartridges were found, at the spot, which were also lifted and converted into a parcel P30, sealed with the seal, and taken into possession, vide a separate memo. 12 bore gun and five live cartridges were recovered from the car Tata siera, bearing registration No. PB-37-7580, which were converted into parcels P1 and p2 to P6, duly sealed, and taken into possession, vide memo PK. The tractor, bearing registration No. PB-37-7406, which was lying, at the spot, was taken into possession, vide memo PM. The vehicle make Tata 407, bearing registration No. PB-08-P-8479, and the Esteem car, bearing No. DL-3c-D-4498, were taken into possession, vide recovery memos PN and PO, respectively. From the car, one rifle 315 bore, exhibit P7 and ten live cartridges P8 to P17, were recovered and those were taken into possession, vide memo pr. The photographer was called to the spot, and the same was got photographed. On reaching the Police Station, the case property was deposited with the Moharrir Head Constable.