JAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA- D-745-DB of 2003 and CRA-D-756-DB of 2003, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against judgment and order dated 11.08.2003, rendered by learned Additional Sessions Judge (Ad hoc), Patiala, in Sessions Case No. 26 dated 03.08.1999, whereby appellants Jagga Singh, Darshan Singh and Ujjagar Singh, along with co-accused Sarwan Singh and Gurjant Singh were charged with and tried for the offences punishable under Sections 302 / 148 / 149 IPC. The appellants were convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/- each, and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months, for offence under Section 302 read with Section 34 IPC. Co-accused Sarwan Singh and Gurjant Singh were acquitted of the charge framed against them.

(3.) The case of the prosecution, in a nutshell, is that on 05.04.1999, Avtar Singh complainant (PW.2) and Lal Singh went to the Dera of Sant Parkash. They were talking to each other. In the meantime, Sarwan Singh son of Mehar Singh along with his sons Ujjagar Singh and Darshan Singh, Jagga Singh Sarpanch and Gurjant Singh parked their jeep near the house of Raja son of Pritam Singh. Gurjant Singh, Darshan Singh and Jagga Singh Sarpanch took out rods from the jeep. Ujjagar Singh took out an axe. Sarwan Singh kept sitting on the driver seat. Avtar Singh's uncle Lal Singh was an agriculturist. He was also rearing buffaloes. He used to sell milk. He was going on his motor cycle with the milk towards Patiala. The accused encircled him. Sarwan Singh also came down from the jeep. He slapped Lal Singh. He was pulled down from the motor cycle. Ujjagar Singh inflicted a blow with his axe from the reverse side on the head of Lal Singh, uncle of complainant Avtar Singh. He collapsed. Thereafter, Darshan Singh and Jagga Singh inflicted blows with their respective rods on the head, ear and back of Lal Singh. Gurjant Singh also gave a blow with his rod on the forehead of Lal Singh. Complainant Avtar Singh raised hue and cry. However, no body came to rescue his uncle Lal Singh. Jagga Singh then gave a blow with his rod on the shin bone of Lal Singh. Gurjant Singh also gave a blow on the elbow of left hand of Lal Singh. The accused ran away from the spot with their weapons. The motive attributed to the accused was that there was civil litigation between Lal Singh and Sarwan Singh. The lis was decided in favour of Lal Singh, who was in the process of taking possession of the land in dispute. Lal Singh was taken to Rajindra Hospital, where he died. The body was sent for post mortem examination. The investigation was completed and challan was put up after completing all the codal formalities.