GURBACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Five accused-persons Gurbachan Singh, Balvir Singh, Manjeet Singh, Smt. Jangir Kaur and Darshan Singh were tried by the learned Additional Sessions Judge (Fast Track), Anoopgarh, District Sriganganagar under Sections 302/149, 147, 148, 324/149 and 323/149 of the I.P.C. On the conclusion of the trial, they all have been convicted for the said offences, vide judgment dated 7.11.2001. Initially, the FIR against six accused-persons was lodged by Gurbachan Singh, out of which Smt. Manjeet Kaur remained absconding, against whom challan was filed. Later on, in the said Court, she was also convicted vide judgment dated 3.6.2004 on the charge of the same offences as above mentioned.

(2.) These two separate appeals being D.B. Cr. Appeal No. 8801/2001 and D.B. Cr. Appeal No.570/2004 were filed by the accused-appellants against judgments dated 7.11.2001 and 3.6.2004. Since the matter relates to the same FIR and of the same incident, both these appeals are being disposed of by this judgment.

(3.) Briefly stated the facts disclosed by the prosecution are that on 6.11.2000 at about 10.30 p.m., a written complaint was lodged in police station, Anoopgarh by Harbhajan Singh stating therein that Gurbachan Singh and Darshan Singh, his real brother are living separately from him and he along with his brother Teja Singh are living separately from them. On 6.11.2000 at about 5.00 p.m. A tractor was being ploughed by Gurbachan Singh and Balvir Singh on the plot belonging to water works department, which was objected to by the employee Sharavan Kumar of water works department. A common meeting about the same disputed was held in the village, in which Teja Singh objected about the conduct of Gurbachan Singh for ploughing the plot and told that they should not have ploughed the tractor on the land belonging to water works department. Upon which Gurbachan Singh and Balvir Singh went to their house showing their anger. At about 7.30 p.m., he along with his wife Jasveer Kaur was going to Gurudwara, at the same time, Teja Singh was coming from the Flour Mill of Sohan Lal near Gurudwara, where they saw that Gurbachan Singh with 'lathi', Darshan Singh with 'axe', Balvir Singh with 'toka', Manjeet Singh with 'gandasi', Smt. Jangir Kaur and Smt. Manjeet Kaur empty handed surrounded Teja Singh and started beating with their weapons. He ran and when tried to save Teja Singh. Balvir Singh inflicted with 'toka' on his head and Gurbachan Singh inflicted with 'lathi' on his right hand and on legs. He and his wife made cries, all accused-persons who belaboured Teja Singh with sharp edged weapon ran away. Teja Singh died on the spot. Mohan Singh and Krishna also came on the spot. He went to police station and lodge the report.