- (1.) The appellants were tried for offences under Sections 302/447/34 IPC and Section 25 of the Arms Act on the allegations that on 15.5.1998 at about 6.00 p.m., they, in furtherance of their common intention, committed the murder of Manjinder Singh. Vide judgment and order dated 5.10.2001, the Additional Sessions Judge, Amritsar acquitted the appellants of the charges under Sections 302/34 IPC. Instead, Amarjit Singh was convicted under Section 304 Part-I IPC, while the remaining appellants under Section 304 Part-I/34 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- each and in default of payment of fine, to undergo further rigorous imprisonment for three months. They were also convicted under Section 447 IPC and sentenced to undergo rigorous imprisonment for two months each. In addition, appellant-Amarjit Singh was convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one year. All the sentences were ordered to run concurrently. Hence, the present appeal by the appellants.
(2.) The criminal case was initiated against the appellants on the basis of statement made by complainant Major Singh before Inspector Dharam Singh, wherein he stated that on 15.5.1998, he, alongwith his brother Manjinder Singh @ Kala and grand-father Baghail Singh, was present at his house and at about 6.00 p.m. he was apprised by brother of his grand-father that the appellants had started ploughing their land with their tractor. Upon this, the complainant, his brother Manjinder Singh and grand-father Baghail Singh went to the fields where appellant Jagir Singh was ploughing their land with the tractor. Appellant Dildar Singh armed with a dang, Amarjit Singh armed with a spear (Barchhi) and Major Singh, who was empty handed, were standing there. The complainant asked them as to why they were ploughing their fields. Upon this, Dildar Singh claimed that they were told by the Patwari that the land belonged to them and for that reason they were ploughing the same. In the meantime, Manjinder Singh went forward and tried to stop the tractor. Dildar Singh and Major Singh raised a lalkara to catch hold of the complainant party and to kill them. Amarjit Singh wielded his spear (Barchhi) from the blunt side and hit Majinder Singh on the outer side of his left thigh. As a result Manjinder Singh fell down. Major Singh and Baghail Singh raised an alarm. Upon this, all the accused ran away from the spot while carrying their respective weapons and boarding their tractor. Manjinder Singh was, thereafter, taken to Primary Health Centre, Lopoke. However, as no doctor was found available, the injured was taken to Amritsar. When they reached at the bye-pass of Amritsar, Manjinder Singh succumbed to the injury. On the basis of the aforementioned statement of the complainant, FIR No.97 dated 16.5.1998 under Sections 302/447/34 IPC and Section 25 of the Arms Act was registered at the Police Station, Lopoke.
(3.) During investigation of the case, Inspector Dharam Singh prepared inquest report. The dead body was then sent for post-mortem. Rough site plan of the place of occurrence was prepared and the statements of the witnesses recorded. Blood stained earth was also lifted from the spot and taken into possession. All the accused were arrested. In pursuance of their disclosure statements, Amarjit Singh got recovered the Barchhi, whereas Dildar Singh got recovered the Sota. Upon completion of the investigation, challan was presented against the accused. The case was, thereafter, committed to the Court of Sessions, where the accused were charged, as mentioned above. However, the accused pleaded not guilty and claimed trial. In support of its case, the prosecution examined PW1 Dr. Kuldip Kumar, who deposed about the post-mortem on the dead body of Manjinder Singh. During his examination, he found one incised wound of the size 5.2 x 2.4 cms. elliptical in shape present on the outer side of left thigh in its middle 1/3rd.;