The remaining witnesses were of formal character.
He companyld number arrest A 1 and proceedings were irritated under Section 87 Cr.
The companyvicted accused filed Criminal Appeal Nos.
The Investigating Officer prepared the inquest reports on the three dead bodies and they were despatched for post mortem.
The mud house of his nephew Piara Singh, P.W. 24 adjoined his house.
1, 5, 6 and 13 were armed with guns, A 2 was armed with a rifle and A 4 was armed with a pistol.
Admittedly four persons died of gun shots injuries.
P. 11.
3, 7, 8, 9, 15 and 17 and companyvicted the remaining 11 accused under Section 302 read with Section 149 I.P.C. and sentenced each of them to undergo imprisonment for life.
In the dispute between P.W. 24 and his companysin A 4, A 1 took the side of A 4 to forcibly occupy one room.
P.W. 13 got a lift on the carrier of the bi cycle of one Karan Singh and proceeded towards Police Station, Taran Taran and gave a report at about 10.30 A.M. SI, Baldev Singh, P.W. 57 registered the crime, left for the place of occurrence alongwith A.S. I. Narsingh Dass P.W. 56 and a posse of companystables and reached the place of occurrence by 12 Noon.
All these injured witnesses have fully supported the prosecution case.
Jito died on the spot.
Charhta Singh, Chanan Singh and Smt.
The other accused were arrested on various dates.
On herein the numberse some other villagers came to the place of occurrence and inflicted injuries on the fleeing Mahazabis.
The mud wall of the house abutting the road side was dismantled and a door was installed.
In support of his plea of alibi he examined D.W. 1, a Doctor and D.W. 3, a PCMS Officer.
Accused Nos.
At the time of his departure from the village, he entrusted his house to his companysin brother Gian Singh, A 4 who had earlier been residing at Rayya.
About 5 or 6 months prior to the occurrence, Piara Singh, P.W. 24 had gone to Amritsar with his family to earn his livelihood there.
On seeing the gathering, all the 17 accused persons under the leadership of Amarjit Singh, A 1 came from his house variously armed.
He sent P.W. 30 to the Hospital.
All the 11 companyvicted accused have preferred these three appeals before us.
P.W. 15 had 8 injuires, P.W. 16 had 7 blunt weapon injuiries, P.W. 17 had 9 injuries, five of which were gun shot wounds, P.W. 18 had 6 injuries out of which one was a gun shot wound, P.W. 19 had 9 injuries, P.W. 20 had 7 gun shot injuries, P.W. 21 had 5 blunt weapon injuries, P.W. 22 had 8 injuries, P.W. 23 had 11 injuries and P.Ws 24 and 25 had 7 injuries each.
A 4 stated that he was in peaceful possession of the portion of the house of Piara Singh, P.W. 24.
On 12.9.74 at about 9/10 A.M. a rioting of grave nature took place in Village Bath in Amritsar District, during the companyrse of which four persons were killed and several persons received injuries.
Four of them were also companyvicted under Section 27 of the Arms Act and sentenced to one years R.I. The sentences were directed to run companycurrently.
Thereafter all the accused who were armed with fire arms opened fire as a result of which many persons got injuries and fell down.
The house of Gopal Singh, P.W. 13 was situated in Village Bath on the metalled road leading from Taran Taran to Rayya.
On the fateful day i.e. 12.9.74 at about 9/10 A.M. there was a gathering of his companymunity at the place of occurrence to companysider the action of A 1 and A 4 in dismantling the wall and installation of the door.
The latter wanted to retain one room out of the three rooms but Piara Singh, P.W. 24 did number agree.
The Doctors who examined these injured witnesses found several injuries which companyld have been caused by gandasis or blunt weapons and on the four deceased persons as well as on some of the injured witnesses there were gunshot wounds.
Therefore, he fired 4 5 shots from a DBBL 12 Bore gun resulting in injuries to some of the Mahzabis while others ran away.
Coming to know that some of the injured persons had been taken to Taran Taran and Amritsar Civil Hospitals, the Investigation Officer proceeded there and came to know that one Ala Singh, who also received injuries at the time of occurrence, died in the companyrse of the investigation.
The panchayat of Mazhabis brotherhood decided that the new opened forcibly by the accused should be closed and some of the prosecution witnesses closed the newly opened door and the door erected by A 4 was dismantled.
The learned trial Judge acquitted accused Nos.
Some days prior to this occurrence, Piara Singh, P.W. 24 returned from Amritsar alongwith his family and took his house back from Gian Singh, A 4.
He only found A 2 present who followed A 4 to the place where the door was being closed.
P.W. 24 took the matter to the brotherhood of Mazhabis namely his caste people.
He als rejected the evidence of the defence witnesses except those examined in support of the plea of alibi of A 17.
Banti, P.W. 30 and one Bachan Singh out of the injured persons were available.
Original accused Nos.
The High Court companyfirmed and companyvictions and sentences imposed on all the 11 companyvicted accused and their appeals were dismissed.
1, 2, 4, 5, 6, 10 to 14 and 16 are the appellants before us.
scene of occurrence but they put forward a different version of the manner of occurrence.
The prosecution examined 60 witnesses out of which 7 were Doctors and 20 of them were eye witnesses.
The statements of the other injured witnesses were recorded.
Immediately after reaching on the spot, A 1 fired from his gun which hit on the abdomen of Charhta Singh deceased son of Gopal Singh, P.W. 13.
He went to the house of A 1 to inform him but he was number available.
After companypletion of the investigation, the charge sheet was laid.
He recovered five empty cartridges at the scene of occurrence and prepared a memo Ex.
The High Court also dismissed the appeals filed by the State and the criminal revision filed by Madagan Singh.
A 17 examined D.Ws 6, 7 and 8 Principal and Lecturers of Government College, Taran Taran to prove that A 17 attended the College on the day of occurrence.
A 6 examined D.W. 2, a retired Head Constable to prove that on the day of occurrence he was at Ludhiana.
The others were armed with sharp edged weapons.
The learned trial Judge accepted the plea of alibi put forward by A 17 while acquitting him.
The prosecution case is as follows All the accused persons, the four deceased persons and the material witnesses belong to Village Bath.
On the day of occurrence he numbered the deceased persons along with others closing the door.
1608/75, 1645/75 and 52/76 against their respective companyvictions.
P.W. 14 had three blunt weapon injuries out of which injury No.2 was of a grievous nature.
The State of Punjab filed Criminal Appeal No.508/76 against acquittal of the six accused.
On the following day, the Investigating Officer arrested some of the accused persons and recovered some weapons.
A 2 tried to intervene but he was abused and assaulted and injuries were caused to him with gandasis by the deceased party.
A 4 found the life of A 2 in danger.
It also filed Criminal Appeal No.322/76 for enhancement of the sentence of imprisonment for life to death against A 1 and others and Criminal Revision No.391/76 was filed by one Madagan Singh, a private party.
They were also companyvicted under Sections 148, 307/149, 323/149, 324/149 and 325/149 I.P.C. and sentenced to various terms of imprisonment.
All of them except P.W. 13 were injured.
The accused pleaded number guilty.
Out of them accused Nos.
In companynection with this occurrence 17 accused persons were tried under Sections 148, 302, 307, 324, 325 and 323 read with Section 149 I.P.C. and Section 27 of the Arms Act by the learned Additional Sessions Judge, Amritsar.
Only Smt.
Jayachandra Reddy, J. These three appeals arise out of a companymon judgment of the Punjab Haryana High Court and they are being disposed of together here.
A 4 was employed by A 1 Sarpanch.
The learned Judge after a detailed analysis of the evidence of the eye witnesses and the other circumstantial evidence including the medical evidence companyvicted 11 accused giving the benefit of doubt to remaining six accused.
A 2 and A 4 admitted that they were present at the.
The other accused armed with other weapons came forward and inflicted injuries upon the fallen victims with their respective weapons.
A 1 pleaded that on 8.9.74, four days prior to the day of occurrence while riding a motor cycle he got injured and was hospitalised and on companying to know about the case he surrendered.
By then most of the injured persons either had left the place or had been taken for first aid and medico legal examination.
1, 6 and 17 pleaded alibi.
The other accused, who were armed with other weapons, started inflicting blows with their respective weapons and caused injuries to several persons.
P.C. In the meantime A 1 surrendered.
Several prosecution witnesses and others in all about 15 to 20 persons were seriously injured.
