A.N.JINDAL,J - (1.) DILBAGH Singh, Gurdarshan Singh, Harbans Singh, Kaka Singh and Gurbachan Singh faced trial under Sections 302, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC). Consequently, they were convicted by learned Additional Sessions Judge, Yamunanagar for the afore-said offences and were sentenced as under : "Gurbachan Singh and Harbans Singh to undergo imprisonment for life and to pay a fine of Rs. 4000/- each and in default of payment of fine, they were to further undergo imprisonment for another period of three months each for the offence u/s. 302 IPC read with Section 34 IPC. Accused Kaka Singh was sentenced to under RI for a period of two years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo RI for another period of one month under Section 323 IPC."
(2.) SUCCINCTLY , the facts as emanating from the prosecution evidence are that the fields of Gurdeep Singh complainant and Gurdev Singh (deceased) adjoin each other. The land of Gurdev Singh abuts both the sides of the passage. On the fateful day i.e. 1.2.1998 Gurdev Singh deceased after drawing the pipe from one side of the passage was irrigating his land on the other side of the said passage. Due to leakage of the pipe, some water was scattered in the passage. On that day i.e. 1.2.1998 at about 5/5.30 p.m. the accused Dilbag Singh, Gurdarshan Singh alias Lila sons of Harbans Singh, Gurbachan Singh son of Gurdit Singh came on a jhhotta baggi (cart pulled by He buffalo) reached near the fields of Gurdev Singh. Harbans Singh son of Gurdit Singh was following the cart on foot. On seeing the scattered water in the passage they felt offended. Dilbag Singh exhorted Gurdev Singh to stop irrigating and not to spoil the passage. However, Gurdev Singh responded that he will stop irrigating after watering two more beds, over which quarrel ensued. Harbans Singh accused exhorted by raising lalkara that they should kill Gurdev Singh and they having influence in the high ups will get the things settled. In the meantime, Dilbagh Singh after picking up an iron rod from the cart alongwith Gurdarshan Singh alias Lila and Gurbachan Singh (both the accused armed with sticks) followed Gurdev Singh. When Gurdev Singh was running he was stopped by Kaka Singh and Rajinder Singh sons of Balwant Singh. At the same time, accused Dilbag Singh inflicted a rod blow in the head of Gurdev Singh. Resultantly, he fell down then Gurbachan Singh and Gurdarshan Singh inflicted lathi blows upon him. When Gurdev Singh came forward to rescue Gurdev Singh then Kaka Singh inflicted lathi blow on the head of the complainant, however, the complainant, succeeded in running towards his house. Ranjit Singh father of Gurdeep Singh was attracted to the spot who along with Gurnam Singh took Gurdev Singh into Civil Hospital Jagadhri but Gurdev Singh succumbed to his injuries in the way. The motive behind the occurrence as disclosed in the supplementary dated 2.2.1998 is that on 13.12.1997 Dilbag Singh and Gurdarshan Singh accused had attended the marriage of Amrik Singh where they had quarrelled with Gurdeep Singh complainant. The matter reached the Panchayat where the aforesaid two accused were found at fault and ultimately a compromise was arrived due to the intervention of the respectables of the village. Dilbag Singh and Gurdarshan Singh had a grudge that the complainant was responsible for their humiliation before the panchayat.
(3.) ON the aforesaid statement of Gurdeep Singh FIR Ex.PA/2 was recorded at Police Station Bilaspur and the investigation commenced.;