BAHCAN SINGH Vs. STATE

JUDGEMENT

(1.) These two appeals have been filed by different accused persons against the common judgment of the learned Additional Sessions Judge, Raisinghnagar dated 14.1.1983, convicting them as under:-

(2.) Appeal No. 29 has been filed by four accused persons, being Bachan Singh, Gurcharan Singh, both sons of -Gurdayal Singh, Gurdayal Singh S/o Jawala Singh, and Makhan Singh S/o Gurbachan Singh, while Appeal No. 46 has been filed by two accused persons, being Ajmer Singh and Hamam Singh. During pendency of the present appeals accused Gurdayal Singh in Appeal No. 29, and accused Harnam Singh in Appeal No. 46, have died, which fact is not in dispute, consequently the appeals of both these accused abate. Thus, the appeals survive on behalf of only four accused persons, being Bachan Singh, Gurcharan Singh, Makhan Singh and Ajmer Singh.

(3.) Brief facts of the case are, that on 1.4.1978 at about 10 past 6 in the morning Dharam Singh, PW-1 lodged an oral report, to the effect, that he lives in Chak 40 NP, separately from his parents, while his parents and brother of the father lives in the Abadi of Chak No. 41 NP. Similarly Pyaru Singh and his wife are also living for the last 3 months in 41 NP. With this, it was alleged, that some 7 days before the report, there was a dispute between Pyaru Singh and his wife Vidhya, and therefore, Vidhya left the matrimonial home, and contacted Nata with the younger brother of the informant, being Harnam Singh, and started living there with him. Then two days before the report, Panchayat was got convened by Pyaru Singh, wherein it was resolved, that Vidhya would be handed over back to Pyaru Singh. This was accepted by the father of the informant, and she was to be returned on the morning of the day of the report. Since Vidhya had gone to her parental house, in the last evening she was brought back to his father's house, and the father told the informant, that she is to be handed over to Pyaru, then the informant went to his house. However, at about 12.30 in the night, one tractor of Madho Singh came to house of Kehar Singh in Chak 40 NP, wherein some persons being resident of 41 NP were there, which aroused suspicion, then after some time he went to his father's house, and saw that near their house, Gurdayal Singh, Harnam Singh, Gurbachan Singh, Ajmer Singh, Bachan Singh, Makhan Singh, Gurcharan Singh @ Charni, Pyaru and younger son of Bachan Singh, along with 2-3 more persons being Bawari R/o Chak 41 NP were collected. Bachan Singh was armed with double barrel muzzle loading gun, while others were armed with Lathis and Gandasi. On looking at them he told his father, Bahnoi Gurdayal Singh and Santa Singh etc. about this fact. Then, along with informant's father they came out. Informant's father told Bachan Singh etc. as to how they had come at this odd time. Thereupon accused persons encircled them, and blocked way of the house. Then, in order to save themselves, they ran towards 40 NP, and after travelling about 2 killas the accused persons chased them, and at that time Bachan Singh fired at the informant, which fortunately did not hit. Then, his father and Bahnoi Gurdayal Singh were caught from behind by the accused, Gurdayal Singh and Harnam Singh etc., and injuries were inflicted on him with Gandasi and Lathi. In the meantime Bachan Singh also arrived, and he fired the second shot on the informant's father Arjun Singh, which hit on the chest, who died on the spot. However, he could be able to snatch the gun from Bachan Singh, and at that time injuries were also inflicted on his right hand, and head, with Gandasi and Lathi, then looking many persons coming from towards 40 NP, accused persons took to heals. Then, it started raining, and on its stopping, he has come to lodge the report. The dead body is lying in the field. On this report a case under Sections 302, 307, 326, 324, 323, 447, 147, 148, 149 I.P.C. and 27 Indian Arms Act was registered, and investigation was commenced. After completing the investigation, challan was filed by the police against nine accused persons, being Ajmer Singh S/o Ramrakha, Bachan Singh S/o Gurdayal Singh, Gurcharan Singh S/o Gurdayal Singh, Makhan Singh Sio Gurbachan Singh, Pyaru @ Pyara Singh, Harnam Singh S/o Sunder Singh, Bachan Singh @ Gurbachan Singh, Gurdayal Singh S/o Jawala Singh, and Baldev Singh S/o Gurbachan Singh.