TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WE have before us two appeals, one filed by Teja Singh and others (11-DB of 2000) and the other filed by Jarnail Singh and others (1240- SB of 1999). Two separate judgments were pronounced by the learned Sessions Judge, Faridkot dated December 10, 1999, in which some of the accused were acquitted and some were convicted.

(2.) IN Teja Singh's case 12 appellants were convicted. Nek Singh @ Harnek Singh and Fauja Singh were convicted under Section 302 IPC for the murder of Jagdish Singh while the remaining Nachhattar Singh, Mukhtiar Singh, Gurcharan Singh, Rajinder Singh, Hoshiar Singh, Bikkar Singh, Teja Singh, Jugraj Singh, Onkar Singh and Kulwant Singh were convicted under Section 302 read with Section 149 IPC. All the appellants were also convicted for lesser offences under Sections 325, 325/149, 323, 323/149 and 148 IPC. All were sentenced to rigorous imprisonment for life under Section 302 and 302 read with Section 149 IPC and for other lessers offences, which were to run concurrently.

(3.) THE occurrence had taken place on November 23, 1990 at 8 a.m. in Darapur, P.S. Sadar Moga, District Faridkot. Jarnail Singh's party was constructing a room on a certain plot of land to which Teja Singh's party objected. Both parties were armed and in the fight which erupted between them, blows were exchanged leading to fatal injuries to Jagdish Singh, grievous and simple injuries to nine other members of Jarnail Singh's party. On the other hand, four members of Teja Singh's party received grievous/simple injuries. Teja Singh's group had used weapons, like spears, gandasis, kassis and dangs. Fauja Singh and Hamek Singh were the two men who were armed with spears, to inflict injuries on Jagdish Singh deceased. Members of Jarnail Singh's party were armed with gandasis and sotis, and they also used bricks to cause injuries.