PRITPAL SINGH, J. - (1.) CHANAN Singh and his son Surinder Singh have been convicted by the learned Additional Sessions Judge, Hoshiarpur vide his judgment and order dated 23.4.1981 under section 304 (Part 1) India Penal Code for committing culpable homicide not amounting to murder of Smt. Jaswant Kaur and they have been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/- each in default of which to undergo further rigorous imprisonment for six months.
(2.) AT the very outset, the relationship between the parties may be stated here. Chanan Singh, appellant, is brother of Santa Singh, Karam Singh and Niranjan Singh. Santa Singh is the father of Nirmal Singh (PW 2) whose wife Smt. Jawant Kaur died on account of injuries received at the time of occurrence. Harbhajan Singh (PW 4) is the son of Karam Singh and Smt. Amar Kaur (PW 3) is his wife. Broadly speaking, the prosecution case is that there was some controversy between Chanan Singh, appellant and his brother Santa Singh on account of some dispute with regard to the appointment of granthi and because of a dispute over the water-course. On 1-10-1980 at about 7.00 p. m., Nirmal Singh (PW 2), his wife Smt. Jaswant Kaur, deceased, his brother Lashkar Singh and Amar Kaur (PW 3) were coming on a tractor from their fields to their house. When they reached near the phirni of the village, Chanan Singh along with his sons Surinder Singh, Swaran Singh and Sikandar Singh also came there in a tractor driven by Surinder Singh. At that time, Chanan Singh were carrying a mohri and his sons Swaran Singh and Sikandar Singh were armed with dangs whereas Surinder Singh was empty handed. Surinder Singh parked his tractor in front of the other tractor and raised a lalkara that Nirmal Singh (PW 2) and his companions should be taught a lesson on account of, the controversy over the appointment of granthi. Surinder Singh thereupon caught hold of Lashkar Singh from his neck and caused some fist blows to him. Chanan Singh inflicted a mohri blow on the head of Jaswant Kaur felling her on the ground. Swaran Singh and Sikandar Singh accused caused dang injuries to Jawant Kaur. When Nirmal Singh (PW 2) tried to rescue his wife Smt. Jaswant Kaur, he was given a dang blow by Sikandar Singh on his head. Swaran Singh gave a dang blow above his right eye. Sikandar Singh also gave a dang blow on the head of Smt. Amar Kaur (PW 3), Surinder Singh then picked up a kirpan from his trolley and caused two injuries with it on the right flank and right thigh of Jawant Kaur Nirmal Singh (PW 2) and his brother Lashkar Singh was also armed with kirpan and dang, respectively with which they caused some injuries to Surinder Singh and Swaran Singh accused in self defence. Jaswant Kaur died at the spot, All the four accused ran leaving their tractor behind. The First Information Report was lodged by Nirmal Singh (PW 2). ASI Avtar Chand prepared the inquest report regarding the deadbody of Jaswant Kaur and he also collected blood stained earth from the spot. The tractor-trolley was also taken in possession by the police.
(3.) THE defence version of the occurrence as narrated by Swaran Singh, appellant, is that he was coming in his tractor to his house from the fields. When he reached the place of occurrence, the left wheel tyre of his tractor burst. Meanwhile Nirmal Singh (PW 2) also came there on his tractor from behind and asked Swaran Singh to remove his tractor to one side to give him passage for his own tractor. Swaran Singh, however, told him that it was not possible to do so because of the burst tyre. He requested Nirmal Singh to go to the village from the other route. Nirmal Singh got offended and an altercation ensued between Swaran Singh and Nirmal Singh. In the meantime, Jaswant Kaur deceased and Amar Kaur (PW 3) as well as Surinder Singh appellant reached the spot. Paramjit Singh armed with a take and Jaswinder Singh armed with a kirpan, who are sons of Nirmal Singh PW, also came there. Jaswinder Singh inflicted a kirpan blow on the face of Swaran Singh. The second kirpan blow aimed at Swaran Singh by Jaswinder Singh, hit Smt. Jaswant Kaur on her right flank on account of which she fell down. Jaswinder Singh then caused another kirpan injury on the head of Saran Singh. Surinder Singh, appellant, tried to rescue Swaran Singh, but he was caused takua injuries by Paramjit Singh on his forehead. Paramjit Singh aimed another takua blow at Surinder Singh but it fell on Smt. Amar Kaur (PW 1) on the forehead. Nirmal Singh then picked up a dang and caused injuries with it to Swaran Singh accused and Surinder Singh, appellant, Paramjit Singh aimed another takua blow at Surinder Singh but it hit on the right thigh of Smt. Jaswant Kaur, Swaran Singh wielded his danda in self defence causing injuries to Nirmal Singh and his sons.;