B.S.YADAV, J. - (1.) THIS judgment will dispose of the above titled appeal and criminal Appeal No. 95(SB) 1981 titled Bakhshish Singh v. State of Punjab. The learned Additional Sessions Judge, has convicted Bakhshish Singh appellant under section 307 and Gurpal Singh, Gurmej Singh and Balkar Singh accused under section 307 read with section 34 Indian Penal Code Gurpal Singh, Balkar Singh, Gurmej Singh have been further convicted under section 323 of the Indian Penal Code and Bakhshish Singh under 323 read with section 34, Indian Penal Code. They have been sentenced to various terms of imprisonment for the above offences and have also been ordered to pay fine. Feeling aggrieved, they have come up in appeal.
(2.) IT may be mentioned here that along with the above four appellants, Jaswant Singh. son-in-law of Bakhshish Singh appellant, and Parshotam Singh were also tried but the learned trial court has acquitted them. The prosecution version in brief is that on 30th December, 1979 at about 7.00 P.M. Kirpal Singh P.W.5 was returning to his village Gorala from village Jagdev Khurd with a tractor. At that time, his brothers Raghbir Singh P.W. 4 Kuldip Singh P.W. 6 and father Mangal Singh P.W.7 were present in front of their haveli. When Kirpal Singh P.W. was at a distance of about 15 0 feet from the said haveli, Bakhshish Singh and Jaswant Singh accused (since acquitted armed with Kirpans and Gurpal Singh, Balkar Singh Gurmej Singh and Parshotam Singh (since acquitted) armed with a dang each intercepted him. Gurpal Singh accused caught hold of Kirpal Singh by his long hair while the remaining accused who were armed dangs with started giving blows to him with their respective weapons. The accused tried to drag away Kirpal Singh toward their fields. Mangal Singh, Raghbir Singh and Kuldip Singh P.Ws. came at the spot to rescue Kirpal Singh. Gurpal Singh accused gave a Push to Kirpal Singh who fell down. All the accused then be laboured him with their respective weapons. Dakhshish Singh and Jaswant Singh, caused injuries with their respective weapon Mangal Singh PW. Jaswant Singh, Parshotam Singh and Balkar Singh caused injuries to Kuldip Singh with their respective weapons. Parshotam Singh and Gurpal Singh accused caused injuries to Raghbir Singh In the meantime, other persons came to the spot and the accused ran away.
(3.) THE cause of the above occurrence was that on that day there was an altercation between Bakshhish Singh accused and Kirpal Singh P.W. regarding the flow of water.;