Sham Sunder, J. - (1.) THIS judgment shall dispose of the aforesaid three appeals, bearing Criminal Appeal Nos. 590 -DB of 2001 filed by Kulbir Singh and six others, 618 -DB of 2001 filed by Kulbir Singh and 619 -DB of 2001 filed by Darbara Singh arising out of three separate judgments of conviction, and the order of sentence dated 12.10.2001 rendered by the Court of Additional Sessions Judge, Gurdaspur vide which they were convicted and sentenced as under: (i) Accused Kulbir Singh, Sukhwinder Singh, Makhan Singh, Darbara Singh, Balkar Singh, Dhian Singh and Jaswant Singh were sentenced to undergo R.I. for a period of one year each under Section 148 IPC; (ii) Accused Sukhwinder Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -, in default of payment of fine to undergo R.I. for a period of two years under Section 302 IPC. Whereas accused Kulbir Singh, Makhan Singh, Darbara Singh, Balkar Singh Dhian Singh and Jaswant Singh were sentenced to undergo imprisonment for life each, and to pay a fine of Rs. 10,000/ -each and in default of payment of fine to further undergo RI for a period of two years each under Section 302 read with Section 149 IPC. (iii) Accused Balkar Singh was sentenced to undergo RI for one year under Section 323 IPC; Whereas, accused Kulbir Singh, Sukhwinder Singh, Makhan Singh, Darbara Singh, Dhian Singh and Jaswant Singh were sentenced to undergo RI for a period of one year each under Section 323 read with Section 149 IPC. (iv) Accused Dhian Singh was sentenced to undergo RI for a period of one year under Section 324 IPC. Whereas, accused Kulbir Singh, Sukhwinder Singh, Makhan Singh, Darbara Singh, Balkar Singh and Jaswant Singh were sentenced to undergo RI for a period of one year each under Section 324 read with Section 149 IPC. Accused Kulbir Singh, Sukhwinder Singh, Makhan Singh,Darbara Singh, Balkar Singh Dhian Singh and Jaswant Singh were sentenced to undergo RI for a period of one year each under Section 323 read with Section 149 IPC. Accused Kulbir Singh, Sukhwinder Singh, Makhan Singh,Darbara Singh, Balkar Singh Dhian Singh and Jaswant Singh were sentenced to undergo RI for a period of three months each under Section 447 IPC. Accused Kulbir Singh, Sukhwinder Singh, Makhan Singh,Darbara Singh, Balkar Singh Dhian Singh and Jaswant Singh were sentenced to undergo RI for a period of one year each under Section 379 IPC. Accused Kulbir Singh was sentenced to undergo RI for one year and to pay a fine of Rs. 500/ -, in default of payment of fine to further undergo RI for three months under Section 25 of the Arms Act in Crl. Appeal No. 618DB of 2001. Accused Darbara Singh was sentenced to undergo RI for one year and to pay a fine of Rs. 500/ -, in default of payment of fine to further undergo RI for three months under Section 25 of the Arms Act in Crl. Appeal No. 619DB of 2001. All the substantive sentences were ordered to run concurrently. However, Jagir Singh, Tarsem Singh, Kashmir Singh and Sohan Singh, accused were acquitted.
(2.) THE law was set in motion, by Balwan Singh, Sarpanch of Village Miani Jhamela by making his statement before Jarnail Singh, Sub Inspector, Police Station Dina Nagar, on 12.11.1992 to the effect that 400 acres of land, including shamb land of Village Panchayat, is located in their village. Out of this land 30 killas of land was given on lease for two years on payment of Rs. 5000/ -per year to Attar Singh s/o Sukhdev Singh, r/o Village Shamsher Pur. Attar Singh and Kulwant Singh had jointly sown Basmati in 10 killas of land. Attar Singh (deceased) harvested crop to the extent of his share whereas the crop relating to the share of Kulwant Singh was standing. On 12.11.1992, Attar Singh along with his sons Surinder Singh @ Shinda and Dogar Singh @ Bittu went on a tractor to plough that land. Kundan Singh was harvesting Basmati crop with the help of labour. Balwan Singh also reached there. At about 1.00 P.M. Kulbir Singh armed with Barcha, Sukhwinder Singh armed with toki, Makhan Singh armed with datar, Darbara Singh armed with Kirpan, Jagir Singh armed with toki, Kashmir Singh armed with Barchi, Balkar Singh armed with Barchi, Tarsem Singh armed with toki, Dhian Singh armed with toki, Sohan Singh armed with toki and Jaswant Singh armed Kulhari came there. They were raising exhortations saying Attar Singh that they would teach him a lesson, for ploughing the land. Kulbir Singh gave a barcha blow, at Attar Singh which was stopped by him, with his left hand, and at the same time he fired a shot from his licensed double barrel 12 bore gun, in the air, to scare them away. Sukhwinder Singh gave a toki blow on the head of Attar Singh. Makhan Singh gave a datar blow which fell near the right ear of Attar Singh. Darbara Singh gave a kirpan blow, on his right leg. Attar Singh fell down. When Attar Singh fell down, Jagir Singh gave a toki blow, on his left ear. Thereafter, Dogra Singh son of Attar Singh came forward to save him, Balkar Singh gave a barchi blow, on his left wrist. Tarsem Singh gave two blows, on his left, and right shoulder, from the reverse side of toki. When Surinder Singh intervened, Dhian Singh gave a toki blow, on his chin. He fell down, and Sohan Singh gave a toki blow, from its reverse side on his right cheek. Jaswant Singh gave two dang blows on his right shoulder and right hip. Balwan Singh, Surinder Singh and Dogra Singh raised alarm of 'killed killed'. When Kundan Singh came there to save them, Makan Singh gave two datar blows on his head. Darbara Singh gave kirpan blow. on his right arm. Jaswant Singh gave a kulhari blow on his left leg. Balkar Singh gave a barchi blow on his person. On seeing all this, Balwan Singh ran away, out of fear. All the accused put Attar Singh, Dogra Singh, Surinder Singh and Kundan Singh, in a tractor trolley, and took them away along with tractor No. PB06 -8544 belonging to Attar Singh and his double barrel gun. Balwan Singh started searching his brother and other injured. During the course of search , he reached Civil Hospital, Gurdaspur, where his nephews Dogra Singh, Kundan Singh and Surinder Singh were found admitted, for medical treatment. His brother Attar Singh died due to the injuries, sustained by him, in the aforesaid occurrence, at the hands of the accused. It was further stated by Balwan Singh that Kulbir Singh, Sukhwinder Singh, Jaswant Singh, Dhian Singh, Balkar Singh, Makhan Singh, Darbara Singh, Jagir Singh, Kashmir Singh, Sohan Sigh and Tarsem Singh with a common intention killed his brother and caused injuries on the person of the injured. The aforesaid statement Ex.PQ was recorded and after admitting the same to be correct, Balwan Singh signed it. Endorsement Ex.PQ/1 was appended thereon. The statement of the complainant was sent to Police Station on the bass whereof FIR Ex. PQ/3 was registered. Thereafter, Jarnail Singh, Sub Inspector went, to Civil Hospital, Gurdaspur and prepared Inquest Report Ex.PL of the dead body of Attar Singh. He sent the dead body for post mortem examination, along with request Ex.PK. He moved applications Ex. PM, Ex. P.N. and Ex. PO seeking opinion of the doctor as to whether, Dogra Singh, Surinder Singh and Kundan Singh were fit to make statements. The Doctor vide endorsements PM and PN/1 and PO/I, on the applications, declared them fit to make statements. Their statements were accordingly recorded.
(3.) ON 13.11.1992, Jarnail Singh, Sub Inspector, went to the place of occurrence, accompanied by the complainant. He lifted the blood stained earth from the spot, which was converted into a parcel. The parcel was sealed and taken into possession vide memo Ex.PR. The rough site plan Ex. PAA of the place of occurrence, was prepared. The clothes of the accused were produced before him, which were converted into a parcel and taken into possession vide memo Ex.PBB. Accused Sukhwinder Singh, Tarsem Singh, Dhian Singh and Makhan Singh were arrested on 16.11.1992. The remaining accused were also arrested.;