Decided on November 21,2002


Cited Judgements :-



- (1.)On 13. 08.1988 Ajaib Singh and Gurdev singh had gone to Rajpura and on their way back around 7. 00 p. m. they came across Lakhmir Singh (P. W. 8) and they had some liquor, they saw at that time the four accused persons namely, Bant singh, Ajaib Singh Norang Singh and amarjit Singh standing armed with sticks near the liquor shop and raised lalkara that they would like to teach a lesson to Gurdev singh who had teased their ladyfolk. Thereafter, Bant Singh is stated to have attacked and hit on the middle of the head and immediately dealt another blow on the left side of the head of Gurdev Singh who fell down. Ajaib Singh is stated to have given blow on the left side of the ribs of gurdev Singh and Amarjit Singh and on the left bicep of Gurdev Singh. Norang singh is also stated to have given blows thrustwise on the left side of the neck of gurdev Singh. Amarjit Singh is stated to have given blow on the back of the right ankle of Lakhmir Singh and Norang Singh also dealt some blows on the right shoulder of Lakhmir Singh. On the alarm raised the accused took to their heels with their respective sticks. Gurdev Singh succumbed to the injuries. Later on the four accused were charge-sheeted for offences arising under sections 302 and 323 read with section 34 IPC. The sessions court on examination of the evidence adduced in the trial court came to the conclusion that Ajaib Singh and Bant Singh had given grievous injuries to Gurdev Singh which led to his death and convicted them for offences under section 302 IPC, while amarjit Singh and Norang Singh had caused simple injuries and each of them were convicted separately under section 323 IPC and sentenced to the period of imprisonment already undergone. The two accused convicted under section 302 IPC filed appeals. The appeals filed by Ajaib singh and Bant Singh were dismissed. State appeals filed against Amarjit Singh and Norang Singh were allowed as the high Court felt that acquittal of Norang singh and Amarjit Singh had resulted in miscarriage of justice and were convicted under section 302 read with section 34 of the IPC and they were also awarded sentence of imprisonment for life and to pay a fine of Rs. 500/ -.
(2.)Now both these accused persons norang Singh and Amarjit Singh have filed these appeals while Ajaib Singh has preferred the special leave petition. In so far as Ajaib Singh is concerned, the trial court as well as the High Court have carefully considered the evidence on record before finding him guilty. We do not find any infirmity in the reasoning adopted either by the trial court or by the High Court and therefore we dismiss the special leave petition.
(3.)So far as Norang Singh and Amarjit singh are concerned, the trial court found that there was no pre-concert or prior planning between the accused nor was there any other evidence on record to come to the conclusion that all the accused had common intention to cause the death of the deceased. All of them were armed with lathis which are usually found in the villages and there was no evidence to show that they had any lethal weapons and therefore, their common intention could utmost be stated to be only to give blows to Gurdev Singh and if some of the blows have proved fatal, it is only as a result of the injuries inflicted by Ajaib Singh and bant Singh and, therefore convicted them under section 302 while Amarjit Singh and norang Singh were convicted under section 323.

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