LAWS(SC)-2006-11-104

RANBAJ SINGH Vs. STATE OF PUNJAB

Decided On November 14, 2006
RANBAJ SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Both these appeals arise against the same order, therefore, they are disposed of by this common judgment.

(2.) Brief facts giving rise to these appeals are Kulwinder Singh son of Pal Singh is a resident of village Loharke. On the basis of the statement of Kulwinder Singh, a first information report was registered at the Police Station, Raja Sansi on 22.12.1999 to the effect that they are agriculturist. It is alleged that on the fateful day while they were going to the field for cultivation, they passed through a small passage across the land of accused Mohan Singh. On the eastern side of the passage there is land of accused Mohan Singh and he has encroached the passage which has reduced the width of the passage. On 21.12.1999 at about 4.00 p.m. the complainant, along with brother Gurwant Singh and father Pal Singh were transporting bricks in their tractor trolley to their land for some pucca construction of the pucca tube well. When they were passing through the passage, one tyre of the tractor trolley passed through the land of accused Mohan Singh where they had sown wheat crop. Mohan Singh saw the damage done to the wheat crop by the tyre of the tractor trolley. He went to his house and after some time he came on his tractor which was driven by his son accused Shamsher Singh. Accused Mohan Singh and his sons Ranbaj Singh and Balraj Singh were armed with a dang. All the accused raised lalkara and they started ploughing the field of Pal Singh (deceased) in which Javi crop was sown. Pal Singh pleaded with the accused that he had not intentionally damaged the wheat crop but accidentally the tyre of the tractor trolley has passed over some part of their wheat crop. Thereupon accused Shamsher Singh called Pal Singh and his sons be taught a lesson for the damage to the wheat crop. Accused Mohan Singh gave dang blow to Pal Singh which he warded off on his right arm. Accused Ranbaj Singh gave dang blow to Pal Singh which hit him on his head and Pal Singh fell down on the ground. While he was lying on the ground, accused Balraj Singh gave another dang blow on Pal Singhs head. Both Mohan Singh and Ranbaj Singh also gave dang blow on Pal Singhs head as a result of which he became unconscious. The complainant had stated that because of fear from the accused he ran away and then he raised alert. Thereafter, all the accused persons along with their weapons on their tractor ran away from that place. Meanwhile, the complainants uncle, Gurdip Singh came to the spot who witnessed the incident. Gurvail Singh, the cousin of the complainant, brought the tractor trolley and Pal Singh was taken to Guru Nanak Dev Hospital, Amritsar where he was admitted as an indoor patient and his statement was recorded and formal FIR under Section 307 read with Section 34, Indian Penal Code (to be referred to as the IPC) was registered against all the accused persons at Police Station, Raja Sansi. On 23.12.1999, Pal Singh died and therefore a case was registered under section 302 read with Section 34, IPC. During the course of investigation accused persons were arrested and they were charged under section 302, IPC read with Section 34,IPC and committed to session for trial.

(3.) The prosecution examined 11 witnesses. After close of the trial, learned Sessions Judge by his judgment dated 6.11.2001 convicted accused appellant Ranbaj Singh and Mohan Singh under section 304, Part-II, IPC and sentenced them to undergo rigorous imprisonment for seven years each and to pay a fine of Rs. 2000/-. In default of payment of fine, both the convicts were directed to further undergo rigorous imprisonment for four months each. The other two accused namely, accused Balraj Singh and Shamsher Singh were given the benefit of doubt and they were acquitted. Both the convicted accused preferred appeal against their conviction and State preferred appeal against the acquittal of accused Balraj Singh and Shamsher Singh and also prayed that the conviction of the accused under section 304, Part-II, IPC be converted under Section 302, IPC. The High Court dismissed the appeal of the accused and allowed the appeal filed by the State and converted the conviction under Section 304, Part-II, IPC to that of Section 302, IPC and sentenced the accused to life. However, the order of acquittal of Shamsher Singh and Balraj Singh was upheld. Hence the present appeals. Meanwhile accused Mohan Singh expired hence appeal by accused Ranbaj Singh only.