MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 258-DB of 1989 filed by Mukhtiar Singh etc. (appellants) Criminal Appeal No. 328-DB of 1989 filed by Amru, appellant, Criminal Revision No.940 of 1989 filed by the complainant, as also the reference under S. 318 of the Code of Criminal Procedure qua Amru, appellant, as these arise out of the same judgment.

(2.) All the appellants, were convicted by the learned Sessions Judge, Patiala, on charge for offence punishable under S.148, Indian Penal Code, Mukhtiar Singh, Aviar Singh, Gurcharan Singh, Surjit Singh and Amru, appellants, were also convicted of the substantive charge of murder of Nirpal Singh, punishable u/S.302, IPC, while the other appellants were convicted under S. 302, read with S.149, Indian Penal Code; Bodhi, Mukhtiar Singh, Gurcharan Singh, Avtar Singh and Amru, appellants were also convicted for substantive charge of murder of Gurinder Singh alias Pappu, punishable under S.302, Indian Penal Code while the remaining appellants were also convicted of this charge with the aid of S. 149, IPC. Sewa Singh and Mukhtiar Singh, appellants, were also found guilty of the offence punishable under S. 324, IPC for causing injuries to Mohinder Singh while the remaining appellants were convicted with the aid of S. 149, IPC. Amru and Bodhi, appellants, were also found guilty for voluntarily causing simple hurt with blunt weapon to Ranjit Singh u/S. 323, IPC while the remaining appellants were convicted with the aid of S.149, IPC. Bodhi, appellant, was held guilty on charge for having voluntarily caused simple hurt with blunt weapon to Balbir Singh and the remaining appellants u/S.323/149, IPC. Avtar Singh and Gurcharan Singh, appellants, were also found guilty u/S. 323, IPC. for causing hurt to Nathi Singh while the remaining appellants of an offence punishable under S.323, read with S.149, IPC. Gurcharan Singh, appellant, was also found quilty of the charge of theft of the revolver belonging to Nirmal Singh u/S. 379, IPC.

(3.) A reference under S. 318 of the Code of Criminal Procedure was made in the case of Amru, appellant, as he being deaf and dumb failed to understand the proceedings at the time of recording his statement under S. 313, Code of Criminal Procedure.