Dr. ANAND, J. - (1.) Five accused, namely Amarjit Singh, Raghubir Singh, Jagat Singh, Joginder Singh and Ranbir Singh were sent up for trial before the learned Addl. Judge, Special Courts, Hoshiarpur in connection with the murder of Balwant Singh and for causing injures to Santokh Singh PW. 6. They were tried for various offences. Raghubir Singh and Joginder Singh were convicted for an offence under S. 302, IPC while their remaining co-accused were acquitted of the offence under S. 302/149, IPC. All the accused were convicted for an offence under S.148 IPC. Joginder Singh was also convicted for an offence under S. 325, IPC while the rest of the accused for an offence under S. 325/149, IPC. Raghubir Singh was convicted for an offence under S. 323, IPC and the rest of the accused for an offence under S. 323/149, IPC. Amarjit Singh who is a law graduate and a practising advocate and had been attributed only a 'lalkara' at the time of assault, was in view of his previous record and educational qualifications directed to be released on probation for a period of one year on furnishing a bond in the sum of Rs. 5,000/- with one surety of the like amount undertaking to maintain peace and be of good behavior and to appear and to receive the sentence as and when required by the Court during that period. Raghubir Singh and Joginder Singh were sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- and in default R. I. for one and a half years each for the offence under S. 302, IPC. Joginder Singh was also sentenced to R. I. for one year under S. 325, IPC while the rest of the accused were sentenced to R. I. for nine months each under S. 325/149, IPC. Raghubir Singh was sentenced to three months' R. I. for the offence under S. 323, PIC and the rest of the accused were also sentenced to three months' R. I. under S. 323/149, IPC. All the accused were further sentenced to R. I. for six months under S. 148, IPC. The substantive sentences of imprisonment were directed to run concurrently and the fine on realisation was directed to be paid to the heirs of Balwant Singh as compensation.
(2.) The appellants have filed this appeal under S. 14 of the Terrorists Affected Areas (Special Courts) Act, 1984 challenging their conviction and sentence as recorded on 6-3-1985. State had also filed an appeal against the acquittal of the accused of the offence under 302/149, IPC, being Crl. A. No. 526/85. That appeal, however, was dismissed by a Division Bench of this Court on 27-2-1987. The complainant Santokh Singh has filed Crl. A. No. 436/85 against the acquittal of the three accused for the offence under Ss. 302/149, IPC. Both these appeals are being disposed of together.
(3.) According to the prosecution case, sometime in August, 1984 Harbans Singh PW received a threatening letter allegedly from some extremist on which he moved an application to the District Magistrate for permission to carry his own weapon for self-defence. Jagat Singh appellant moved an application on 14-8-84 before the District Magistrate opposing the request of Harbans Singh and on that account the relations between Harbans Singh on the one hand and Jagat Singh and Raghubir Singh who are brothers, on the other hand became strained. Because of the receipt of the letter, Harbans Singh and Balwant Singh started living together. On 11-9-1984 an agreement appears to have been arrived at between Jagat Singh appellant and Harbans Singh PW for a passage through a plot. This led to straining of relations between Joginder Singh and his brother Ranbir Singh (appellants) on the one hand and Harbans Singh on the other. It is also alleged that Santokh Singh PW 6 brought about a compromise between Jagat Singh and Dalip Singh which was resented to by the accused. These were the motives for the assault as alleged by the prosecution.;