JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard. According to the prosecution on 20.8.1998 at about 8.30 AM. Sucha Singh and his uncle Sobha Singh were coming to the village from their dhani. When they reached near the maize fields of Kirpal Singh, Jeet Singh son of Amar Singh armed with.12 bore single barrel gun, Balwant Singh and Jaswant Singh (petitioner herein) sons of Jeet Singh armed with takua and barchhi, respectively came out from the said maize fields. Jeet Singh raised lalkara and exhorted his sons Balwant Singh and Jaswant Singh that they (Sucha Singh and Sobha Singh), have got them sentenced and as such they be caught hold of and be not spared. Exhorted by this lalkara, Balwant Singh dealt a takua blow to Sucha Singh, which fell on his right hand. Sucha Singh and Sobha Singh raised raula and on hearing their raula, Puran Singh, son of Sh. Gajjan Singh armed with dang reached the spot. Sucha Singh and Puran Singh requested Jeet Singh not to fire on them. Jeet Singh fired with his, 12 bore single barrel gun with intention to kill Sucha Singh, Sobha Singh and Puran Singh and the fire short hit Sucha Singh on his left hand. Thereafter, Balwant Singh dealt takau blow to Sobha Singh which fell on the finger of his right hand. When Puran Singh stepped forward, Jaswant Singh gave barchhi blow which was broken from the front to him (Puran Singh), who also suffered injury.

(2.) Learned Counsel for the petitioner submits that the applicability of Section 34 of the Indian Penal Code is debatable because Puran Singh came afterwards and how could Balwant Singh and Jaswant Singh know that Jeet Singh will fire on Sucha Singh, Sobha Singh and Puran Singh. Learned Counsel for the petitioner submits that the case happened to fall within the ambit of Section 307 of the Indian Penal Code on account of the use of Fire Arm by Jeet Singh.

(3.) Keeping in view that the applicability of Section 34 of the Indian Penal Code is debatable qua Jaswant Singh etc. I feel bail should be allowed to Jaswant Singh petitioner. So, bail to him to the satisfaction of Chief Judicial Magistrate, Ferozepur.