After close of the trial, learned Sessions Judge by his judgment dated 6.11.2001 companyvicted accused appellant Ranbaj Singh and Mohan Singh under section 304, Part II, IPC and sentenced them to undergo rigorous imprisonment for seven years each and to pay a fine of Rs.2000/ .
Thereafter, a case was registered on the basis of the statement of Kulwinder Singh under Section 307, IPC but after some time the deceased Pal Singh expired.
In the mean while Pal Singh came there and objected to the fixing of those bushes.
Accused Ranbaj Singh gave dang blow to Pal Singh which hit him on his head and Pal Singh fell down on the ground.
He went to his house and after some time he came on his tractor which was driven by his son accused Shamsher Singh.
Hence the present appeals.
Both the companyvicted accused preferred appeal against their companyviction and State preferred appeal against the acquittal of accused Balraj Singh and Shamsher Singh and also prayed that the companyviction of the accused under section 304, Part II, IPC be companyverted under Section 302, IPC.
Meanwhile accused Mohan Singh expired hence appeal by accused Ranbaj Singh only.
While he was lying on the ground, accused Balraj Singh gave another dang blow on Pal Singhs head.
Accused Mohan Singh and his sons Ranbaj Singh and Balraj Singh were armed with a dang.
Accused Mohan Singh took Ranbaj Singh in an injured companydition to his village and from there he took him to the Hospital at Amritsar and got him admitted in the hospital.
In default of payment of fine, both the companyvicts were directed to further undergo rigorous imprisonment for four months each.
Therefore, in order to save him from any onslaught by the deceased Pal Singh he gave a kandhali blow from its blunt side on the head of Pal Singh.
The companyplainant had stated that because of fear from the accused he ran away and then he raised alert.
The High Court dismissed the appeal of the accused and allowed the appeal filed by the State and companyverted the companyviction under Section 304, Part II, IPC to that of Section 302,IPC and sentenced the accused to life.
However, in the meanwhile, the deceased Pal Singh was also immediately shifted to the Hospital at Amritsar.
Accused Mohan Singh gave dang blow to Pal Singh which he warded off on his right arm.
Accused Mohan Singh was digging holes in the earth with kandhali, while accused Ranbaj Singh was fixing the branches of thorny bushes in the said passage.
Pal Singh pleaded with the accused that he had number intentionally damaged the wheat crop but accidentally the tyre of the tractor trolley has passed over some part of their wheat crop.
Thereafter, Pal Singh who had sota started inflicting sota blows on the head and other parts of the body of Ranbaj Singh.
All the accused raised lalkara and they started ploughing the field of Pal Singh deceased in which Javi crop was sown.
Shamsher Singh who was on the field at that time did number do anything but he went to the village and came back along with accused Ranbaj Singh, Mohan Singh and Balraj Singh and they started damaging the field of the deceased Pal Singh with tractor.
But Pal Singh companytinued to give sota blows to Ranbaj Singh.
However, the order of acquittal of Shamsher Singh and Balraj Singh was upheld.
P.W.10, ASI Jaswant Singh has also admitted about this fact that Ranbaj Singh had received injuries in the same incident.
Accused Mohan Singh and Ranbaj Singh were arrested.
Accused Mohan Singh stated that the Police met him on 21.12.1999 and recorded his version but after the death of Pal Singh in the Hospital, the Police removed him as well as his son Ranbaj Singh and took them to the Police station and detained them.
On 21.12.1999 at about 4.oo P.M. the companyplainant, along with brother Gurwant Singh and father Pal Singh were transporting bricks in their tractor trolley to their land for some pucca companystruction of the pucca tube well.
Meanwhile, the companyplainants uncle, Gurdip Singh came to the spot who witnessed the incident.
Thereupon accused Shamsher Singh called Pal Singh and his sons be taught a lesson for the damage to the wheat crop.
Gurvail Singh, the companysin of the companyplainant, brought the tractor trolley and Pal Singh was taken to Guru Nanak Dev Hospital, Amritsar where he was admitted as an indoor patient and his statement was recorded and formal FIR under Section 307 read with Section 34, Indian Penal Code to be referred to as the IPC was registered against all the accused persons at Police station, Raja Sansi.
He told his son Ranbaj Singh number to do so to which accused Ranbaj Singh did number agree.
Therefore, in order to save from further damage to the crop from the cattle of the deceased, he along with his son Ranbaj Singh were fixing the branches of thorny bushes in the field by the side of the said passage.
When they were passing through the passage, one tyre of the tractor trolley passed through the land of accused Mohan Singh where they had sown wheat crop.
Pal Singh fell down and thereafter he got up and went towards his village along with sota.
During the companyrse of investigation accused persons were arrested and they were charged under section 302IPC read with Section 34,IPC and companymitted to session for trial.
We have heard learned companynsel for the parties and have gone through the records.
Accused Mohan Singh then brought Ranbaj Singh in an injured companydition to the village from where he took him to a hospital at Amritsar and was admitted.
Thereafter, all the accused persons along with their weapons on their tractor ran away from that place.
Though during trial he disowned that statement when companyfronted with his statement before the police.
J U D G M E N T With Crl.
It is alleged that on the fateful day while they were going to the field for cultivation, they passed through a small passage across the land of accused Mohan Singh.
The other two accused namely, accused Balraj Singh and Shamsher Singh were given the benefit of doubt and they were acquitted.
It is admitted by the doctor that Ranbaj Singh was admitted in Guru Nanak Dev Hospital, Amritsar where the deceased was also admitted.
On the eastern side of the passage there is land of accused Mohan Singh and he has encroached the passage which has reduced the width of the passage.
Both Mohan Singh and Ranbaj Singh also gave dang blow on Pal Singhs head as a result of which he became unconscious.
Accused Mohan Singh in his statement under Section 313 of the Code of Criminal Procedure has taken a definite stand that while going to the tube well of Pal Singh, his cattle used to stray his wheat crop field and used to damage the same.
In view of these facts the question is whether accused Mohan Singh had a right to private defence to the person of his son Ranbaj Singh.
Ranbaj Singh fell down on the ground.
This was resisted by Pal Singh and it is alleged that Pal Singh gave a sota blow to accused Ranbaj Singh who fell down and in defence of Ranbaj Singh, his father Mohan Singh gave a blow from the backside of Kandhali as a result of which the deceased Pal Singh fell down and thereafter he got up and went to his field.
It appears that when Kulwinder Singh along with his father, Pal Singh were going to their field which passes through a narrow passage where some portion of the wheat crop of the accused were damaged.
The prosecution examined 11 witnesses.
A.No.196 of 2005.
On the basis of the statement of Kulwinder Singh, a first information report was registered at the Police Station, Raja Sansi on 22.12.1999 to the effect that they are agriculturist.
K. MATHUR, J. Both these appeals arise against the same order therefore, they are disposed of by this companymon judgment.
Brief facts giving rise to these appeals are Kulwinder Singh son of Pal Singh is a resident of village Loharke.
Mohan Singh saw the damage done to the wheat crop by the tyre of the tractor trolley.
