HARDEEP SINGH Vs. STATE

JUDGEMENT

(1.) Six accused persons viz. Hardeep Singh, Sohan Singh Tarsem Singh, Nirmal Singh, Swaran Singh and Atma Singh were prosecuted in the case from which this appeal No. 154/77 arises. They were convicted and sentenced as under : @@3091.htm@@

(2.) S. B. Criminal Appeal No. 154/77 is the appeal filed by six accused persons challenging their convictions and sentences imposed and S. B. Criminal Appeal No. 446/77 is the appeal filed by the State against acquittal of the accused persons on charge under Section 307 and 307/149 I.P.C. Both these appeals were heard together and are decided by this common judgement.

(3.) On October 28, 1973, complainant Pyare Singh was working in his field. His share-cropper Tiku Ram as also complainant's nephew Jasveer Singh were also working in the field. Pyare Singh's mother Smt. Chanan Kaur was picking up cotton in the same field. Complainant's brother Harbans Singh was working in another field which was 3 - 4 fields away. At about 4.30 in the evening accused persons Hardeep Singh, Tarsemsingh and Sohan Singh went to the field where Pyare Singh and others were working and abused him alleging that Pyare Singh had beaten their uncle Phuman Singh, the previous night. The complainant told them that their uncle had come drunk to his house the previous night and received injuries because of a fall from the cot. The complainant challenged these accused persons to bring their uncle before him to ascertain the truth. Thereupon these accused persons went back abusing the complainant and went towards their uncles 'dhani' which was a short distance away. The complainants further contended that 15-20 minutes after the aforesaid incident, the aforesaid three accused persons Hardeep Singh, Tarsem Singh and Sohan Singh came to the spot along with three other accused persons viz. Swaran Singh, Atma Singh and Nirmal Singh. This time they were armed. They encircled the complainant and started abusing him. When complainant Pyare Singh stood up and started running, accused Sohan Singh caught hold of him and took him in his arms and other accused persons started beating him. Complainant's mother Smt. Chanan Kaur and nephew Jasveer Singh tried to come to the rescue of Pyare Singh and they were also assaulted by the accused persons. On complainant's Pyare Singh raising an alarm his share cropper Tiku Ram and brother Harbans Singh also reached the spot. Harbans Singh brandished lathi against the accused persons on which they ran away. Pyare Singh, Jasveer Singh and Smt. Chanan Kaur were hospitalised. Pyare Singh's statement was recorded in the hospital and on that basis first information report was registered.