TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against judgment of conviction and order of sentence dated 28.11.2002, passed by learned Additional Sessions Judge, Ferozepur, vide which appellants were convicted under Sections 325, 325/34, 326, 326/34 IPC and were sentenced as under :-

(2.) All sentences were directed to run concurrently.

(3.) Facts of case are that Ran Singh owned 15 killas of land in village Gaddan Dob. He had three sons, namely, Harkaran Singh (PW6), Gurcharan Singh (accused) and Satwant Singh. Complainant Iqbal Singh is grandson of said Ran Singh. Ran Singh divided the land in equal shares to his sons. Complainant and his family members used to cultivate 10 killas of land including 5 killas of land, which was given to Harkaran Singh. Gurcharan Singh (accused) and his sons Tarsem Singh and Badal Singh (accused) have been cultivating remaining 5 killas of land. About one year before the occurrence, 31/4 killas of land, out of land of Harkaran Singh, was taken on lease by Gurcharan Singh (accused) and he got khasra girdawari of said land entered in his name. Subsequently, with consent of accused, said khasra girdawari was entered in the name of complainant party. About six months before the occurrence, Gurcharan Singh (accused) moved an application before Kuldeep Singh, Tehsildar, for correction of khasra girdawari. On that account, there was a dispute between the parties. Tehsildar came to the spot on 26.6.1996. At that time, all accused were present. Complainant Iqbal Singh was present with Harkaran Singh (PW6), Pritam Singh (PW7), Satwant Singh, Amrik Singh, Kashmir Singh and Buta Singh. Statements of both parties were recorded and Tehsildar directed them to leave the spot.