STATE Vs. BALWANT SINGH

JUDGEMENT

(1.) The instant criminal appeal has been filed by State challenging the judgment dated 11-3-1986 passed by Addl. Sessions Judge No. 2 Hanumangarh Camp Suratgarh in Sessions Case No. 57/85 whereby accused Balwant Singh and Richpal Singh alias Jaspal Singh were acquitted from the charges under Sections 326/34, 324/34 and 302/34, IPC and accused Bhagwan Singh alias Bagga Singh was though acquitted from the charge under Section 302/34, IPC while giving benefit of doubt but he was held guilty and convicted for committing offence under Sections 324 and 326, IPC.

(2.) During the pendency of this appeal, accused-respondent No. 3 Bhagwan Singh alias Bagga Singh died on 6-2-1990, therefore, vide order dated 14-12-1999, appeal against him was ordered to be abated.

(3.) According to the brief facts of the case, one Pala Ram S/o Hansraj Nayak filed an FIR at Police Station Hanumangarh Town narrating therein that his father Hansraj (deceased) used to look after the wine shop of liquor contractor and used to make complaint against Rai Sikhs who were caught for dealing in illicit liquor. Deceased Hansraj also made complaint against Balwant Singh resident of Gangagarh and upon his complaint liquor was seized. Therefore, Balwant Singh was having enmity with his father and on 3-7-1982 when sitting in the field of Nure Khan at about 9 p.m. Balwant Singh along with his son Jaspal Singh and Bagga Singh and Jagdish came there with weapon. As per complainant, Balwant Singh was having 'gandasi' and Jaspal Singh and Bagga Singh was also armed with 'gandasi' and Jagdish was having sword in his hand and at that time Bagga Singh inflicted a 'gandasi' blow upon his left hand and ran away from that place and informed his father. Thereafter, his father came from his house with his brother Pema Ram when he reached in the street then Jaspal Singh inflicted blow on his father and all other accused also inflicted injuries with their respective weapon due to which Hansraj died.