S.K.Jam, J. - (1.) Accused Norang Singh son of Shri Chuhar Singh, aged 45 years, Bachitar Singh son of Shri Arjan Singh, 50 years, Jaswinder Singh son of Shri Basta Singh, aged 26 years, Lakhwinder Singh alias Billu son of Shri Basta Singh, aged 20 years, Amar Singh alias Amardip Singh son of Shri Bachitar Singh, aged 19 years, Amrik Singh son of Shri Arjan Singh, aged 60 years, Harbans Singh son of Shri Arjan Singh, aged 50 years, Basta Singh son of Shri Sunder Singh, aged 75 years and Jagtar Singh son of Shri Harbans Singh, aged 20 years, all agriculturist, residents of Naya Shahar Badala, were challaned under Sections 302/ 307/ 325/ 323/ 148/ 149 Indian Penal Code, by Kharar Police vide First Information Report No. 40 dated 26.3.1989. On being committed the learned Additional Sessions Judge, Ropar charged them as under: (i) All nine of them under Section 148 I.P.C. for their being on 26.3.1989 in the area of Police Station Naya Shahar Badala being members of unlawful assembly and in prosecution of common object of such assembly, viz, in causing injury to Dhana Singh and Hans Raj deceased and Baldev Singh injured, having committed the offence of rioting and at that time all of them being armed with deadly weapons like kulhari, gandasis and lathis etc; (ii) Under Section 302 I.P.C. for all of them being members of unlawful assembly and two of them namely, Bachitar Singh and Amar Singh alias Amardip Singh having committed an offence under Section 302 I.P.C. whereas Norang Singh, Jaswinder Singh, Lakhwinder Singh, Amrik Singh, Harbans Singh, Basta Singh and Jagtar Singh were charged for having committed an offence under Section 302 read with Section 149 I.P.C.; (iii) Under Section 302 I.P.C. for Jaswinder Singh on the same date, time and place having committed the murder of Hans Raj by intentionally causing his death whereas accused Norang Singh, Lakhwinder Singh, Amrik Singh, Harbans Singh, Bachitar Singh, Amar Singh alias Amardip Singh, Basta Singh and Jagtar Singh having committed an offence under Section 302 read with Section 149 I.P.C.; (iv) Under Section 325 I.P.C. for Amrik Singh being member of unlawful assembly having voluntarily caused grievous hurt to Baldev Singh on the same date, time and place while accused Norang Singh, Lakhwinder Singh, Jaswinder Singh, Harbans Singh, Bachitar Singh, Amar Singh alias Amardip Singh, Basta Singh and Jagtar Singh having committed an offence under Section 325 read with Section 149 I.P.C.; and (v) Under Section 323 I.P.C. for Amrik Singh accused being member of unlawful assembly having voluntarily caused simple hurt to Baldev Singh on the same date, time and place while accused Norang Singh, Lakhwinder Singh, Jaswinder Singh, Harbans Singh, Bachitar Singh, Amar Singh alias Amardip Singh, Basta Singh and Jagtar Singh having committed an offence under Section 323 read with Section 149 I.P.C.
(2.) They were tried accordingly by Additional Sessions Judge, Ropar who vide his judgment dated 7.9.1992, acquitted accused Harbans Singh, Basta Singh and Jagtar Singh whereas convicted and sentenced accused Norang Singh; Bachitar Sigh, Jaswinder Singh, Lakhwinder Singh, Amar Singh alias Amardip Singh and Amrik Singh vide his above judgment of conviction and order of sentence of the same date as under: (a) Accused Jaswinder Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- or in default of payment of fine to further undergo rigorous imprisonment for one year under Section 3021.P.C.; (b) each of the accused Norang Singh, Bachitar Singh, Lakhwinder Singh, Amar Singh alias Amardip Singh and Amrik Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- or in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302/ 149 I.P.C.; (c) each of the accused Bachitar Singh, Amar Singh alias Amardip Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs; 500/- of in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 I.P.C.; (d) each of the accused Norang Singh, Jaswinder Singh, Lakhwinder Singh and Amrik Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- or in default of payment of fine to further undergo rigorous imprisonment for One year under Section 302/149 I.P.C.; (e) Amrik Singh was sentenced to undergo rigorous imprisonment for six months under Section 323 I.P.C.; (f) Each of the accused Norang Singh, Bachitar Singh, Jaswinder Singh, Lakhwinder Singh, Amar Singh alias Amardip Singh was sentenced to rigorous imprisonment for six months under Section 323/149 I.P.C.; and (g) Each of the accused Norang Singh, Bachitar Singh, Jaswinder Singh, Lakhwinder Singh, Amar Singh alias Amardip Singh and Amrik Singh was sentenced to undergo rigorous imprisonment for six months under Section 148 I.P.C.
(3.) Feeling aggrieved against their conviction and sentence, the convicted accused, have filed three following criminal appeals and Baldev Singh has filed a Criminal Revision: (i) Criminal Appeal No. 361-DB-1992, Bachitar Singh son of Arjan Singh, Amar Singh alias Amardip Singh and Amrik Singh son of Arjan Singh, all residents of village Naya Shahar Badala v. State of Punjab; (ii) Criminal Appeal No. 398-DB-1992, Jaswinder Singh, Lakhwinder Singh alias Billu sons of Basta Singh, residents of Naya Shahar Badala v. State of Punjab (iii) Criminal Appeal No. 467-DB-1992, Norang Singh son of Chuhar Singh, resident of Naya Shahar Badala v. The State of Punjab; and (iv) Criminal Revision No. 716 of 1992, Baldev Singh son of Mal Singh resident of Badala v. 1.Norang Singh son of Chuhar Singh, 2. Bachitar Singh son of Arjan Singh, 3. Jaswinder Singh son of Basta Singh, 4. Lakhwinder Singh alias Billu, 5. Amar Singh alias Amardip Singh 6. Amrik Singh son of Shri Arjan Singh, all residents of Naya Shahar Badala.;