On 22nd October 1978 at about 4.00 p.m. the appellants armed with weapons went on a tractor and after ploughing the field of Jaswant Singh had started ploughing on the portion which was said to have been encroached upon by Kesar Singh.
Against their companyviction and sentence the appellants filed appeal in the High Court which was allowed in part.
Bhinder Singh was further sentenced to six months rigorous imprisonment and fine of Rs.
Joga Singh and Bhinder Singh were companyvicted under Section 302/34 IPC and were sentenced to undergo life imprisonment and fine of Rs.
Joga Singh was companyvicted under Section 27 of Arms Act and sentenced to undergo rigorous imprisonment for three months.
The injuries of the appellant were explained to have been caused by Gurdeep Singh while saving his father Kesar Singh from the attack of the appellant.
All the sentences were directed to run companycurrently.
Their companyviction and sentence under Section 324 and 324/34 were maintained.
351 was filed by Jaswant Singh, Joga Singh and Bhinder Singh who were tried and companyvicted under Section 302 for murder of one Kesar Singh.
354 and 355 were filed by State of Punjab against the accused.
Jaswant Singh and Joga Singh were companyvicted under Section 324/34 also and were sentenced to undergo imprisonment for three months and fine of Rs.
Fields of Kesar Singh, deceased and Jaswant Singh, appellant, were adjacent to each other.
They were companyvicted under Section 326/34 but keeping their age in view they were sentenced to undergo rigorous imprisonment for three years only.
Both the High Court and the Sessions Judge after companysidering the evidence on record particularly of P.W. 3, P.W. 4 and P.W. 5 and examining the different versions one given by the prosecution claiming that the appellant were aggressors and the other by the appellant that they had caused injuries in exercise of their right of self defence found it as a fact that even though Kesar Singh had encroached upon the companymon path and the Revenue Authorities had directed him to remove the encroachment yet it were the appellants who were the aggressor and had caused injuries to Kesar Singh without any provocation or justification.
Aggrieved by the order of the High Court the appellants approached this Court.
But the companyviction of Joga Singh and Bhinder Singh under Section 302 read with Section 34 IPC was set aside.
This resulted in protest by Kesar Singh and attack by appellant in which Kesar Singh died.
Kesar Singh trespassed over two karams against which Jaswant Singh filed an application before the Revenue Authorities which was allowed and Kesar Singh was directed to remove the encroachment.
The Criminal Appeal No.
Appeal Nos.
The companyviction and sentence of Jaswant Singh under Section 302 IPC was maintained.
353 of 1981 has been filed by companyplainant Gurdeep Singh against allowing of appeal of Joga Singh and Bhinder Singh.
2000/ .
200/ .
All the sentences were to run companycurrently.
All the appeals are being disposed by this order.
He, however, did number remove the encroachment.
In between the two fields there was a passage.
1000/ each.
100/ each.
Appeal No.
M. Sahai, J. These four appeals are directed against the judgment and order passed by Punjab and Haryana High Court.
