S.K.JAIN,J - (1.) APPELLANTS Balbir Singh s/o Kirpal Singh, Major Singh s/o Baj Singh, Nachhattar Singh s/o Bachan Singh, Bachan Singh s/o Kartar Singh and Kabul Singh s/o Kirpal Singh, all residents of village of Kot Mohammad Khan, district Ferozepur, through this appeal have challenged the judgment of conviction and order of sentence, both dated 15.2.1991, passed by Additional Sessions Judge, Ferozpur vide which he had convicted and sentenced them as under :- (i) Each of the five appellants under section 147, Indian Penal Code, to undergo rigorous imprisonment for one year for their, on 21-5-1988, at 6 p.m. in the area of village Kot Mohammad Khan for their being the members of unlawful assembly common object whereof was to commit the murder of Pritam Singh and to cause injury to Hazara Singh and at that time therein being armed with Gandasa and Takwa; (ii) Each of the five appellants under section 302/149, Indian Penal Code, to undergo life imprisonment and to pay a fine of Rs. 2000/- and in default thereof to further undergo rigorous imprisonment for six months for their, on the same date, time and place, in prosecution of the above said common object of their unlawful assembly having committed the murder by intentionally or knowingly caused the death of Pritam Singh; (iii) Appellant Major Singh under section 325 of the Indian Penal Code to undergo Rigorous Imprisonment for two years and to pay a fine of Rs. 500/- or in default thereof to further undergo Rigorous Imprisonment for four months for his having voluntarily caused grievous hurt to Hazara Singh; and (iv) Appellant Balbir Singh, Bachan Singh, Kabul Singh and Nachhattar Singh under Section 325/149 of the Indian Penal Code to undergo Rigorous Imprisonment for two years and to pay a fine of Rs. 500/- each or in default thereof to further undergo Rigorous Imprisonment for four months each for their being members of unlawful assembly with Major Singh who had voluntarily caused grievous hurt to Hazara Singh in prosecution of the common object of that assembly.
(2.) FEELING aggrieved against the above referred conviction and sentence, they have preferred this appeal. In brief, the facts of the prosecution case are that Hazara Singh son of Pritam Singh (deceased) was going to the clinic of Doctor Dalbara Singh for getting medicine for his headache at 6 p.m. on 21-5-1988. When he reached near the house of Kalu Singh he saw appellants Bachan Singh and Kabul Singh empty handed, Major Singh armed with takwa and Balbir Singh and Nachhattar Singh with a gandasa each, coming from the side of their house. On seeing him, appellant Bachan Singh raised a lalkara and caught hold of Hazara Singh, Kabul Singh caught hold of Hazara Singh from his beard and then both of them started dragging him towards their house. Pritam Singh father and Karamjit Singh brother of Hazara Singh were attracted to the spot on hearing an alarm raised by him. On seeing Pritam Singh,Bachan Singh appellant again raised a lalkara whereupon Balbir Singh appellant dealt a gandasa blow from its sharp side on the right side of the head of Pritam Singh. Nachhattar Singh appellant also dealt a gandasa blow on the head of Pritam Singh. On receiving the injuries Pritam Singh tell down on the ground. Hazara Singh was struggling to get himself released from the clutches of Bachan Singh and Kabul Singh appellants. Major Singh appellant gave a takwa blow from its sharp side on the head of Hazara Singh. Thereafter, the accused made good their escape alongwith their respective weapons. Ujjagar Singh, maternal uncle and Smt. Surjit Kaur, mother of Hazara Singh removed him to Primary Health Centre, Kot Issa Khan in an injured condition where Dr. Hari Kishan Singhal referred them to Christian Medical College Hospital, Ludhiana after giving them first aid. He sent ruqa Ex. PW2/A to Station House Officer, Police Post Kot Issa Khan in this regard. In Christian Medical College Hospital, Ludhiana PW3 Doctor Paramjit Singh had examined Hazara Singh at 10.50 p.m. on 21-5-1988 and found the following injuries on his person :- 1. Laceration scalp 3 cms, in the parietal region. The mode of injury blunt trauma. Type of injury; Grievous. Duration was fresh.
(3.) THE doctor opined that the injury could be possible by a sharp edged takwa.;