The plea of the accused has been that the deceased and his companypanions were aggressors and inflicted injuries on the accused persons and they in exercise of their right of self defence inflicted injuries on the deceased as well as the PWs.
Kewal Singh A 6 is companyvicted under Section 326 IPC and sentenced to undergo RI for 7 years and to pay a fine of Rs 1000.
The trial companyrt acquitted them of the murder charge but companyvicted Amrik Singh A 1 under Section 325 IPC and sentenced him to undergo RI for two years and to pay a fine of Rs 500.
Ajaib Singh A 2 is companyvicted under Section 324 IPC and sentenced to undergo RI for one year and to pay a fine of Rs 250.
Inquest was held on the dead body of Amarjit Singh and the same was sent for postmortem.
The further case is that during the companyrse of the same occurrence, PW 11 and PW 12, by way of self defence caused injuries to Ajaib Singh, Darshan Singh and Amrik Singh.
Jit Singh A 4 is companyvicted under Section 325 IPC and sentenced to undergo RI for two years and to pay a fine of Rs 500.
He also found that the blood was clotted.
Ajaib Singh and Jit Singh gave one gandasa blow each to Sadhu Singh PW 15 and the accused are alleged to have dealt some more blows on these witnesses.
Pritam Singh armed with a sela and Mukhtiar Singh armed with a dang came out and protested as to why the accused were abusing them.
He opined that the injuries were sufficient in the ordinary companyrse of nature to cause death.
Jit Singh inflicted a gandasa blow from its sharp side on the left shoulder of Pritam Singh and Kewal Singh struck a gandasa blow from its sharp side on the head of Amarjit Singh, deceased.
After companypletion of the investigation, the charge sheet was filed.
Then a quarrel ensued and it is stated that in the meantime the other accused also joined them armed with various weapons and Ajaib Singh exhorted his companypanions to attack the deceased.
PW 11 and PW 12 along with other injured persons including deceased Amarjit Singh were shifted to Civil Dispensary, Baghapurana.
Amrik Singh gave a gandasa blow from the sharp side on the left shoulder of Pritam Singh PW 12 .
The trial companyrt after due companysideration of the evidence held that the time and place of the occurrence and the participation of both sides in the occurrence is number in dispute and that the circumstances would indicate that it was a case of free fight and therefore each of the appellants would be liable for his individual acts.
So saying, he opened the attack and dealt a gandasa blow from the reverse side on the head of Mukhtiar Singh.
During the same occurrence, it is alleged that Madan Singh A 5 dealt a blow on PW 13 and Kewal Singh A 6 gave a gandasa blow from its sharp side on his head.
They were examined by the doctor.
As the companydition of the deceased and others was serious, they were referred to C.M.C. Hospital, Ludhiana.
The accused after causing the injuries left the place with their weapons.
So far as the other three appellants are companycerned, they are companyvicted for their individual acts for causing injuries to Pritam Singh and Sadhu Singh.
The remaining four accused were also companyvicted under Section 323 IPC but they were released on probation of good companyduct.
According to the prosecution, there was enmity between the prosecution party and the accused party.
There are four appellants, namely, Amrik Singh A 1 , Ajaib Singh A2 , Jit Singh A 4 and Kewal Singh A 6 .
The case relates to an occurrence which took place on June 2, 1979 at about 8 p.m. in Village Kotla in Faridkot District.
On the day of occurrence at about 8 p.m. Mukhtiar Singh PW 11 and his brother Pritam Singh PW 12 were present in their house situated on the circular path of Village Kotla.
The appeal preferred by them was dismissed by the High Court.
So far as the attack on the deceased is companycerned, the trial companyrt held that the doctor companyld number give a satisfactory answer whether the two injuries on his head individually were sufficient in the ordinary companyrse of nature to cause death and, when the lacerated injury which proved to be fatal was number attributed to any one of the appellants and, therefore, the other injury which were attributed to Kewal Singh cannot by itself be sufficient in the ordinary companyrse of nature to cause death and in that view of the matter companyvicted Kewal Singh under Section 326 IPC and sentenced him to undergo RI for 7 years.
The deceased Amarjit Singh was examined by PW 18 and was treated but he died on June 5, 1979 at 10.30 p.m. The other injured persons were also treated and X rayed.
The trial companyrt companyvicted all of them.
Hence this appeal.
The injured accused were also examined by the doctor and on Amrik Singh A 1 there were 12 injuries including some incised wounds.
Kewal Singh, Ajaib Singh and Amrik Singh accused came there armed with gandasas and dang and started abusing PW II and PW 12.
Ajaib Singh had 7 injuries including incised wounds and Darshan Singh accused also had 7 injuries.
PW 19, Dr Parmodh Kumar, who companyducted the postmortem found a lacerated wound on the scalp and incised wounds on the front area of the head.
The accused, the material witnesses and the deceased, Amarjit Singh, belonged to the same village.
