J.S. Bedi, J. - (1.) BAGICHA Singh, aged 35, Kartar Singh, aged 25 and Devindar Singh alias Joginder Singh, aged 23, the three Appellants in Criminal appeal No. 279 of 1962, along with Mohinder Singh, brother of Bagicha Singh and Kirpal Singh alias Pritam Singh, brother of Kartar Singh, were sent up for trial under Sections 148, 302/149, 323/149, 323/149 and 324/149, Indian Penal Code, for having formed an unlawful assembly and armed with deadly weapons on the 16th July 1961 at village Ayalki, committed the offences of rioting, murder of Jagir Singh, and causing grievous hurt with sharp -edged weapon to Gujjar Singh P W., simple hurt with blunt edged weapon to Gujjar Singh and simple hurt with sharp -edged weapon to Chanan Singh P. W. in prosecution of common object of that assembly. In the Sessions Court, additional charges under Section 302, Indian Penal Code, against Bagicha Singh, under Section 323, Indian Penal Code, against Mohinder Singh and Kartar Singh, under Section 326, Indian Penal Code, against Kirpal Singh alias Pritam Singh and under Section 324, Indian Penal Code, against Devinder Singh were framed. The trial was held by Shri S. C. Mittal, Sessions Judge, Hissar, who, vide his order dated the 28th February, 1962, acquitted all the accused of the charges under Sections 148, 302/149, 326/149, 324/149 and 323/149 Indian Penal Code. Kirpal Singh alias Pritam Singh accused was also acquitted of the remaining charge against him, while Mohinder Singh accused was given the benefit of doubt and also acquired. Bagicha Singh was, however, convicted under Section 326, Indian Penal Code, and sentenced to seven years' rigorous imprisonment and a fine of Rs. 500/ -, or in default of payment of fine to further undergo rigorous imprisonment for one year. Kartar Singh was convicted under Section 323, Indian Penal Code, and sentenced to one year's rigorous imprisonment and a fine of Rs. 300/ -, or in default of payment of fine to further undergo rigorous imprisonment for three months. Devinder Singh was convicted under section 324, Indian Penal Code, and sentenced to two years' rigorous imprisonment and a fine of Rs. 400/ -, or in default of payment of fine to further undergo rigorous imprisonment for six months. Out of the above fines, if realised, Rs. 400/ - were ordered to be paid to Mukhtiar Singh P. W , Rs. 200/ - to Gujjar Singh P.W. and Rs. 300/ - to Chanan Singh P W. Feeling aggrieved against the above order, the three Appellants mentioned above have preferred an appeal to this Court. On the other hand the State has also filed an appeal (Criminal Appeal No 609 of 1962) against the above order and acquittal of two accused. The learned Sessions Judge further, by separate orders of the same late, convicted Bagicha Singh, Devinder Singh, Kartar Singh and Mohinder Singh under Section 19(1) of the Indian Arms Act and sentenced each of them to six months' rigorous imprisonment. The sentences of the first three were, however, ordered to run concurrently with those passed in the main case Against those orders Bagicha Singh, Devindar Singh, Kartar Singh and Mohinder Singh have preferred Criminal - Appeal Nos. 280, 281, 282 and 283 of 1962 respectively. So, all these matters will be disposed of by this judgment '
(2.) THE story for the prosecution as given by Tara Singh (P. W. 1) and others briefly runs as under: The parties in this case come from village Ayalki in the district of Hissar. Out of the accused Kirpal Singh alias Pritam Singh and his brother Kartar Singh Appellant migrated to this village only 2 or 3 months before this occurrence. Their cousin Jasmer Singh was married to the sister of Devinder Singh accused who was on friendly terms with Bagicha Singh and his brother Mohinder Singh accused. All the accused therefore belonged to the same party. The motive in this cast - is said to be that a couple of days before this occurrence the cattle of Bagicha Singh accused entered the chart field of Jagir Singh deceased and damaged the same. Mukhtiar Singh (P. W. 8), the deceased's son, drove the cattle away and beat them whereupon Mohindar Singh accused asked Mukhtiar Singh as to why he had driven them out. Mukhtiar Singh P. W. replied that he had done so as the cattle had damaged the chart crop. Mohindar Singh accused thereupon threatened Mukhtiar Singh and told him that they would see to it. Jagir Singh deceased, father of Mukhtiar Singh P. W., on that day was not present in the village. On the day of occurrence, i. e. the 16th July 1961, at about 7 p. m. all the accused turned up at the house of the deceased which adjoins the house of Tara Singh P. W, his brother. Bagicha Singh accused out of them shouted for the deceased. Tara Singh, however, replied that the deceased was not in the house. After saying so Tara Singh P. W. went out and saw that Mohinder Singh accused was armed with a Gandasi and the rest of the accused carried spears. They then proceeded towards the house of Pritam Singh (P. W. 6). Tara Singh knew that Jagir Singh was listening to the radio in the Baithak of Pritam Singh P. W. He, therefore, became apprehensive and took a different route for the Baithak of Pritam Singh, P. W. Before he reached that house, all the five accused had already reached there. At first Bagicha Singh accused abused Jagir Singh by the mother and challenged him to come out saying that he would teach him a lesson for beating the cattle. Jagir Singh at that time along with Chanan Singh (P. W. 5), Pritam Singh (P. W. 6) and Gujjar Singh (P. W. 7) was listening to the radio at the house of Pritam Singh P. W. He came out at which Bagicha Singh gave a Barcha blow in his abdomen followed by a Gandasi blow on the forehead by Mohindar Singh accused with the blunt side of the weapon. Jagir Singh fell down. Gujjar Singh P. W. intervened and was given a spear blow by Kirpal Singh accused in the abdomen. Kartar Singh accused also gave a spear blow which fell on the hand of Gujjar Singh. Devinder Singh accused similarly caused injury with his spear which fell on the abdomen of Chanan Singh P. W. Pritam Singh and Tara Singh P. Ws. entreated the accused to spare the victim. Bagicha Singh accused thereupon remarked that they had injured those whom they wanted to injure and directed his companions to return home. They then left the place. The injured were removed to the Baithak of Jagir Singh deceased. The accused, however, sat outside the house of Tara Singh, their uncle, in order to prevent any one going for report. Moreover it rained heavily throughout the night and, therefore, the matter could not be reported to the police at night. At about 7.30 p.m. Tara Singh P. W. informed Phulu Ram Sarpanch (P. W. 9) of this occurrence. The Sarpanch came to the Baithak of Jagir Singh met the injured and on enquiry from them was given the details of the occurrence.
(3.) ON the next morning the injured were placed on a cart and taken to the hospital at Fatehabad where they reached at about 10 a.m. The injured were examined by Dr. R. T. Gulati, Assistant Surgeon Fatehabad, on that day. Jagir Singh was examined at 1 p.m. and was found to have the following injuries on his person. 1. One stab wound 1" x (1/2) x 2" deep situated on the left side of the lower abdominal wall, about (1/2)' from the front middle line of the body and 1(3/4)" below and outward to the left of umbilicus. When probe was passed (blunt) it went towards back and inwards to the middle line under the abdominal musculature. 2. One oblique contused wound 2(3/4)"x (1/4)" and bone deep situated on the left side of head involving upper left part of frontal bone and anterior part of the left parietal bone. Injury No. 1 was kept under observation. No. 2 was simple in nature caused by a blunt weapon. Injury No. 1 was caused by some sharp pointed weapon.;