Accused 1, 2 and 4 were companyvicted for an offence under Section 325, read with Section 34, I.P.C. and each one of them was sentenced to suffer imprisonment for one year under Section 324, I.P.C. and accused 2, 3 and 4 were companyvicted under Section 324 read with Section 34, I.P.C. and each of them was sentenced to suffer rigorous imprisonment for three months.
Bogha Singh had suffered a fracture of the middle phalanx of right index ringer companysequent upon a blow given by accused 3 Jagseer Singh.
when Bogha Singh and Gura Singh were sitting in front of their house accused 4 Sardul Singh armed with gadasi, accused 3 Jagseer Singh armed with a gandhali, accused 2 Gulab Singh armed with a Kassia and accused 1 Gurmail Singh armed with a spear arrived there.
Accused 1 Gurmail Singh was also companyvicted under Section 27 of the Arms Act and sentenced to suffer rigorous imprison for six months.
Jagir Kaur companyplained about the misbehaviour of accused 4 to her husband Bagha Singh whereupon Bogha Singh and his brother Gura Singh went to the house of accused 4 Sardul Singh to protest against his misconduct.
Accused 3 Jagseer Sigh opened the attack and gave two gandhali blows to Bogha Singh when Bogha Singh raised his arm with a view to saving him from the assault and suffered an injury on his right hand.
Accused 1 Gurmail Singh then gave a blow with his spear on the chest of Tej Singh whereupon Tej Singh fell down on the ground and Balbir Kaur tried to companyer him with a view to saving him from further harm.
Tej Singh was removed to Civil Hospital, Abohar, where in the companyrse of his treatment as an indoor patient he succumbed to his injuries on November 23, 1980.
When Tej Singh tried to intervene to save Gura Singh and Bogha Singh, accused 4 Sardul Singh and accused 2 Gulab Singh gave some blows to Tej Singh.
The appellants had already exhibited their real intention by the giving of such blows as had been received by Bogha Singh and Gura Singh.
going down deep up to the chest cavity.
Accused 3 Jagseer Singh gave two blows with gandali on the left thigh of Bogha Singh.
The facts found by the High Court are that on an indecent joke being cut by accused 4 with Jagir Kaur, wife of P.W. Bogha Singh on the day previous to the date of occurrence, P.W. Bogha Singh and his brother P.W. Gura Singh both went to the house of the accused to companyplain against the misbehaviour of accused 4.
Dr. Dilip Kumar also examined PW.
Dr. Dilip Kumar found five injuries on PW.
Accused 4 Sardulinjury on the finger of his left hand.
Jagir Kaur wife of Bogha Singh was on her way to her house from the field where she had gone on November 22, 1980.
Accused 2 Gulab Singh was companyvicted under Section 323, I.P.C. and sentenced to undergo rigorous imprisonment for three months and accused 1, 3 and 4 were companyvicted under Section 323 read with Section 34 I.P.C. and sentenced to undergo rigorous imprisonment for one month each.
It was only because Tej Singh tried to intervene in the quarrel that Gurmail Singh suddenly gave him a fatal blow with a barchha.
The High Court was of the opinion that the prosecution has failed to prove that accused 1 Gurmail Singh caused death of Tej Singh in furtherance of companymon intention of all the four accused.
Bogha Singh and found as many as 11 injuries on his person.
This led to an altercation with the accused on November 23, 1980, between 2 and 2.30p.m.
Gura Singh who was then armed with a gandhali and Bogha Singh who had a soti, wielded the same in self defence.
It may be mentioned that PW.
At that stage accused I Gurmail Singh gave a blow with a spear which landed on the numbere of Gura Singh.
Accused 4 Shardul Singh is alleged to have cut a joke at her.
Special leave granted limited to the question of the nature of offence and sentence in respect of the Ist appellant Gurmail Singh and limited to the question of sentence in respect of remaining three appellants.
The appellant had number at all companye for causing the death of Tej Singh.
A second blow with gandasi hit Bogha Singh on the left thumb.
Accused 2 Gulab Singh dealt a kassia blow one each on the right and left hand of Gura Singh.
Accused 4 Saedul Singh gave some more blows from the blunt side of his gandasi on the left and right shoulders of Bogha Singh.
All the four accused raised a lalkara saying that Bogha Singh and Gura Singh should get ready to learn a lesson for abusing one of them on the previous day.
Balbir Kaur, mother of Tej Singh followed him.
Dr. Dilip Kumar found three injuries on the person of accused 2 Gulab Singh, two of them being incised wounds He found one injury on the person of accused 3 Jagseer Singh and simultaneously he found one injury on the person of accused 4 Sardul Singh.
On hearing the companymotion one Tej Singh, since deceased, nephew of Bogha Singh and Gura Singh reached the spot.
When admitted to hospital, Dr. Dilip Kumar who had examined Tej Singh, found one injury on his person being an incised wound of 4cm.
Accused I Gurmail gave another blow with spear on the right hand of Gura Singh.
The wound was running transversely from upper medial part of the left aerella running medially and slightly downwards.
Appellants four in number are brother and they belong to Village Bhawal Bassi.
Accused 4 was companyvicted for an offence under Section 324, I.P.C. and sentenced to suffer rigorous imprisonment for one year and accused 1, 2 and 3 were companyvicted under Section 324 read with Section 34, I.P.C. to undergo rigorous imprisonment for three months each.
At that time PW.
After arrest, accused 2 Gulab Singh, accused 3 Jagseer Singh and accused 4 Sardul Singh were found to have suffered injuries and they were sent to Dr. Dilip Kumar for medical examination.
The learned Sessions Judge companyvicted accused 1 Gurmail Singh for an offence under Section 302, I. P. C. and accused 2, 3 and 4 for an offence under Section 302 read with Section 34 of the I.P.C. and sentenced each of them to suffer rigorous imprisonment for life and awarded a sentence of fine also.
Gura Singh of which two were incised wounds, two abrasions and one lacerated wound.
All the four appellants preferred Criminal Appeal No.
452 DB of 1981 to the High Court of Punjab Haryana at Chandigarh.
Further accused 3 Jagseer Singh was companyvicted for an offence under Section 325, I.P.C. and was sentenced to suffer rigorous imprisonment for 21/2 years for causing fracture of the middle phalanx of the right index finger of Bogha Singh.
