Kanwaljit Singh Ahluwalia, J. - (1.) THE present appeal has been filed by Balkar Singh, Swinder Singh alias Chhinda sons of Bachan Singh, Satwant Singh son of Pritam Singh, Kashmir Singh son of Dalip Singh, Malwinder Singh son of Jagir Singh, Darshan Singh son of Inder Singh and Raghbir Singh son of Nishabar Singh.
(2.) THESE appellants were tried in case FIR No. 52 dated 6.4.1993 registered at Police Station Sadar, Batala under Sections 307, 452, 379, 380, 149 IPC and 25 of Arms Act. Puran Singh Bajwa, President of Managing Committee, Guru Nanak Dev Academy, Batala submitted an application dated 6.4.1993 to the Station House Officer, Police Station Civil Lines, Batala, wherein he stated that Gurudwara Kandh Sahib, Batala is situated at Batala -Jalandhar Road and from year 1987 Guru Nanak Dev Academy is being constructed. In this academy children are studying. For the construction of this academy, Managing Committee of Gurdwara Kandh Sahib, Batala, had entrusted the construction to Baba Harbans Singh of Delhi. Baba Harbans Singh has appointed his follower Baba Balkar Singh for supervising the construction. The entire amount of construction was being spent by Gurudwara Kandh Sahib. It is stated that in May 1989, the work of construction was stopped. The school is being run by the registered Committee and there is a constitution of the Committee. Therefore, after May 1989 Baba Balkar Singh had no concern with the Gurudwara of the Committee. It is further stated that the Committee has undergone the job of admissions to the Guru Nanak Dev Academy and it was expected that Rs. 4,00,000/ - or Rs. 5,00,000/ - has been collected. It was apprehended that Baba Balkar Singh forcibly want to take possession of the academy and had also fled a civil suit. It is further stated that on 1.4.1993 Baba Balkar Singh along with his companions broke open the lock of the school and started Akhand Path of Shree Guru Granth Sahib. On 6.4.1993, Puran Singh along with Jasbir Singh, Clerk, Ajit Singh, Member Committee, and Bhupinder Singh, Member Committee, went to the office of the Committee for initiating admission process, then at about 12.15 P.M. Baba Balkar Singh armed with 12 bore double barrel gun, Satwant Singh also armed with 12 bore double Criminal Appeal No. 824 -SB of 1997 3 barrel gun, Chhida Singh armed with lathi, Darshan Singh armed with khunda, Malwinder Singh armed with iron rod, Bhira Singh armed with iron rod, and Kashmir Singh armed with dang, came there and started raising lalkaras and were given abuses and said that they would teach lesson for making admissions. It is stated that when the persons ran out of the office, then Baba Balkar Singh and Satwant Singh fired shots and others started beating. At that time, parents of the children saved the victims. It is stated that Chhinda took a burning wood from the fire and gave blow on the left shoulder of Puran Singh. Darshan Singh also gave him injuries with his khunda. Kashmir Singh gave a dang blow, which hit on the left hand of Puran Singh. It is further stated that Baba Balkar Singh fired at Puran Singh to kill him and in order to save himself complainant lay down on the ground. In the meanwhile, police of Civil Lines Police Station, Batala came at the spot and all the accused decamped from the spot.
(3.) AFTER FIR was investigated, report under Section 173 Cr.P.C. was submitted. Charge against the appellants was framed for an offence under Section 148 IPC. Balkar Singh and Satwant Singh were substantively charged under Section 307 IPC, whereas others were charged with the aid of Section 149 IPC. All the accused were further charged for an offence under Section 450 IPC. Balkar Singh accused was substantively charged with Section 326 IPC, whereas others were charged with the aid of Section 149 IPC. Satwant Singh was substantively charged under Section 324 IPC, whereas others were charged with the aid of Section 149 IPC. Kashmir Singh, Chhinda Singh, Darshan Singh and Malwinder Singh were substantively charged Criminal Appeal No. 824 -SB of 1997 4 under Section 323 IPC, whereas Balkar Singh, Satwant Singh and Raghbir Singh were charged with the aid of Section 149. Malwinder Singh, Chhinda Singh, Darshan Singh and Kashmir Singh were charged substantively for causing injuries to Bhupinder Singh under Section 323 IPC, whereas others were charged with the aid of Section 149 IPC. PW.1 Dr. Sukhdeep Singh medicolegally examined Puran Singh on 6.4.1993 at 4.05 PM and found following injuries on his person : - "1. Diffused swelling 6 cm X 4 cm on the palmer aspect of medial border of left hand. Kept under observation. Advised Xray; 2. Reddish abrasion 2 cm X 1 cm on the posterio medial aspect of left vord arms 3 cm above left wrist joint; 3. Reddish contusion 10 cm X 2= cm on the front of lower part of chest 1 cm below right subcostal margin; 4. Lacerated penetrating wound = cm on the back of right elbow joint surrounded by diffused swelling 7 cm X 5 cm blackening present. Margins inverted kept under observation. Advised X -ray. There was no corresponding cut on the shirt;;