SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of, Criminal Appeal No. 659-SB of 1996, filed by Sukhdev Singh, accused (now appellant), against the judgment of conviction, and the order of sentence dated 17-9-96, rendered by the Court of Sessions Judge, bathinda, vide which, it convicted the accused (now appellant), and sentenced him, as under, and Criminal Revision No. 490 of 1997, filed by Gurdev Singh, revision-petitioner, for enhancement 6f Sentence : - (See Table on next page)Both the substantive sentences, were ordered to run concurrently. Jagrup Singh, accused, was, however, acquitted by the trial court.

(2.) THE facts, in brief are that one balwinder Singh, resident of Kothe Phule wale, owned some land, in the village, which was being cultivated by Jagrup Singh, name of the accused (now appellant)Offence for which convicted sentence awarded 1 2 3 Sukhdev Singh (a) Under Section 304 part II of the Indian Penal Code. To undergo rigorous imprisonment for a period of five years, and to pay a fine of Rs. 50,000/- in default thereof, to further undergo rigorous imprisonment for a period of one year (b)Under Section 323 of the Indian Penal Code. To undergo rigorous imprisonment for a period of six months. accused. Jagrup Singh, had also agreed to purchase a part of the land from Balwinder singh, for Rs. 38,000/-, but on 25-11-94, he (Balwinder Singh), executed a sale deed transferring one acre of that land, in favour of Gurdev Singh's sons Beant Singh, and kulwant Singh, for Rs. 80,000/ -. Since jagrup Singh, was in cultivating possession of the land, he told Gurdev Singh, that he would only quit possession, after he received his money back; from Balwinder Singh

(3.) IN order to resolve the dispute, between Gurdev Singh, Jagrup Singh, and balwinder Singh, the three of them assembled in the Baithak of Naib Singh of their village, on 4-12-94, at 4. 00 p. m. The other persons present there, at that time, were naib Singh, Bakhtaur Singh, deceased, and sukhdev Singh, accused. The dispute could not be resolved. The accused lost their temper, and went out saying that the others should reach the fields for the settlement of dispute. In the lane Jagrup Singh, caught hold of Bakhtaur Singh, and exhorted his co-accused Sukhdev Singh, to kill him, whereupon, he (Sukhdev Singh) dealt a blow, with the pulley of his tractor, on the left side of the face of Bakhtaur Singh, Gurdev Singh, came forward to intercede when Sukhdev singh, dealt a blow with the pulley on sukhdev Singh's head. Bakhtaur Singh, fell down, on receipt of the injury. When alarm was raised, one Mander Singh, was attracted to the spot. The accused disappeared from the spot, on their tractor, carrying their pulley.