SWARAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This judgment would dispose of Criminal Appeal No.7 of 1982 as also Criminal Appeal No. 12 of 1982 since both of them arise out of the same judgment.

(2.) In Criminal Appeal No.7 of 1982 there is only one appellant, namely, Swaran Singh. In the other appeal No. 12 of 1982 there are as many as 8 appellants, namely, Mohinder Singh, Ram Singh alias Manmohan Singh, Nirmal Singh, Sarvan Singh alias Sarbe, Darshan Singh, Bakhshish Singh, Bhagat Singh, Pritam Singh, Malkiat Singh and Swaran Singh. All these 9 appellants alongwith one other person Malkiat Singh were jointly tried for the offence under sections 146, 149 and 309 of the Indian Penal Code. Swaran Singh alias Sarbe, appellant No.4 in Criminal Appeal No. 12 of 1982 was charged for an additional offence falling under Section 27 of the Indian Arms Act and was tried for this offence also in the same trial. The learned Sessions Judge found all the appellants guilty of all the offences for which they were charged and tried. He, therefore, convicted them accordingly. The 10th accused person, namely, Malkiat Singh was, however, acquitted of all the charges. With respect to the aforesaid convictions the various appellants were sentenced as under Each one of the nine appellants sentenced to R.I. for 10 years and a fine of Rs. 500/- under section 307 read I with section 149 I.P.C 9. Swaran Singh. Sarvan Singh alias Sarbe. The sentences were, however, made to run concurrently.

(3.) The charges against the appellants are founded on the allegations that on or about 25-10-1981 at village Haroli falling within the jurisdiction of police station, Una, they had formed themselves into an un law fill assembly with the common object of committing the murder of PW5 Santokh Singh (P. W. 6), Jit Singh (P.W.8) and Gurchain Singh (P.W. 9) (hereinafter collectively called the complainant party). All the appellants were then armed with deadly weapons like hatchets, gandasies and lathis which they used in inflicting various injuries to the members of the complainant party. Such injuries were inflicted by the appellants with the intention and/or knowledge and under such circumstances that if by these acts they had caused the death of any of the members of the complainant party, they would have been guilty of murder. Swaran Singh alias Sarbe appellant was further charged for being in possession of a rifle and four live cartridges with intent to use them for unlawful purposes in the course of occurrence.