Surjit Singh and Others Vs State of Punjab

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Judgment

582 paragraphs · 3,246 words

Kanwaljit Singh Ahluwalia, J.—On 25.6.1995 at about 5.00 P.M. in the area of Village Bahmniwala, Tehsil Jalalabad, District Ferozepur, two groups clashed and caused injuries to each other. At the instance of one group, FIR No. 193 dated 26.6.1995 was registered at Police Station Sadar Jalalabad under Sections 326, 325, 324, 148, 149 IPC. The FIR was lodged at the instance of Sucha Singh son of Surjan Singh. Cross version to the FIR was divulged by Tehal Singh son of Guddar Singh. On the basis of FIR lodged by Sucha Singh, 15 persons were tried, namely, Surjit Singh, Kashmir Singh, Gajjan Singh, Makhan Singh, Surjan Singh, Veero Bai, Ishar Kaur, Surain Singh, Puran Singh, Tehal Singh, Balbir Singh, Desa Singh, Bishamber Singh, Joginder Singh and Narain Singh. In the cross version narrated by Tehal Singh, eight persons, namely, Bhagwan Singh, Mohinder Singh, Sucha Singh, Dhanno Bai, Kulwant Singh, Malkiat Singh, Bhagwan Singh and Paramjit Singh alias Pamma son of Jora Singh were tried. Both the trials were conducted separately but simultaneously.

In the FIR case, fifteen (15) persons were tried and held guilty of offence under Sections 324, 148, 307, 323, 149 IPC vide judgment dated 28.11.2001 and vide a separate order dated 29.11.2001, they were sentenced as under:

S. No.

Name of Convict

Offences for which convicted

Substantive sentence awarded

Fine

In defaultof paymentof fine

Surain Singh

324 IPC

R.I for ten months

148 IPC

R.I for nine moths

307/149 IPC

R.I for two years

Rs.1500/-

R.I for four months

323/149 IPC

R.I for six months

326/149 IPC

R.I for 1� years

Rs. 500/-

R.I for 30 days

Narain Singh

324 IPC

R.I for ten months

307 IPC

R. I for 2-� years

Rs.1500/-

R.I for four months

148 IPC

R.I for nine months

323/149 IPC

R.I for six months

326/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

Surjan Singh

324 IPC

R.I for ten months

307 IPC

R.I for 2-1/2 years

Rs.1500/-

R.I for four months

148 IPC

R.I for nine months

323/149 IPC

R.I for six months

326/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

Gajjan Singh

323 IPC

R. I for six months

148 IPC

R. I for nine months

324/149 IPC

R.I for ten months

326/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

307/149 IPC

R.I for 2-1/2 years

Rs.1500/-

R.I for four months

Surjit Singh

324 IPC

R.I for ten months

307 IPC

R.I for 2-1/2 years

Rs.1500/-

R.I for four months

148 IPC

R.I for nine months

323/149 IPC

R.I for six months

326/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

Kashmir Singh

324 IPC

R.I for ten months

148 IPC

R.I for nine months

323/149 IPC

R.I for six months

326/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

307/149 IPC

R.I for 2-1/2 years

Rs.1500/-

R. I for four months

Puran Singh

324 IPC

R. I for ten months

148 IPC

R.I for nine months

323/149 IPC

R.I for six months

326/149 IPC

R. I for 1-1/2 years

Rs. 500/-

R. I for 30 days

307/149 IPC

R.I for 2-1/2 years

Rs.1500/-

R.I for four months

Balbir Singh

324 IPC

R.I for ten months

148 IPC

R. I for nine months

323/149 IPC

R. I for six months

326/149 IPC

R. I for 1-1/2 years

Rs. 500/-

R. I for 30 days

307/149 IPC

R.I for 2-1/2 years

Rs.1500/-

R.I for four months

Bishamber Singh

326 IPC

R.I for two years

Rs.1000/-

R.I forthreemonths

148 IPC

R.I for ten months

323/149 IPC

R. I for six months

307/149 IPC

R.I for two years

Rs.1500/-

R.I for four months

324/149 IPC

R.I for ten months

Tehal Singh

323 IPC

R.I for six months

148 IPC

R.I for ten months

307/149 IPC

R.I for two years

Rs.1500/-

R.I for four months

326/149 IPC

R.I for 1-1/2years

Rs. 500/-i

R.I for 30 days

324/149 IPC

R.I for ten months

Makhan Singh

323 IPC

R.I for six months

148 IPC

R.I for ten months

307/149 IPC

R.I for two years

Rs.1500/-

R.I for four months

325/149 IPC

R.I for 1-1/2years

Rs. 500/-i

R.I for 30 days

324/149 IPC

R.I for ten months

Joginder Singh

323 IPC

R.I for six months

148 IPC

R.I for ten months

307/149 IPC

R.I for two years

Rs.1500/-

R.I for four months

326/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

324/149 IPC

R.I for ten months

Desa Singh

323 IPC

R.I for six months

148 IPC

R.I for ten months

307/149 IPC

R.I for two years

Rs.1500/-

R.I for four months

326/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

324/149 IPC

R.I for ten months

IsharKaui

'' 323 IPC

R.I for six months

148 IPC

R.I for eight months

307/149 IPC

R.I for 1-1/2 years

Rs.1500/-

R.I for four months

326/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

324/149 IPC

R.I for ten months

VeeroBai

323 IPC

R.I for six months

148 IPC

R.I for eight months

307/149 IPC

R.I for 1-1/2 years

Rs.1500/-

R.l for four months

326/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

324/149 IPC

R.I for ten months

All the sentences were ordered to run concurrently.

The present appeal arises in FIR case and the appellants have assailed their conviction and the sentence awarded to them in the above said table.

The Court of Additional Sessions Judge, Ferozepur vide its judgment dated 28.11.2001 in the version given by Tehal Singh appellant held Bhagwan Singh son of Sucha Singh and his seven co-accused guilty of offences under Sections 323, 324, 325, 326, 148, 149 IPC and vide a separate order dated 29.11.2001 sentenced them as under:

S. No

Name of convicts

Offences for which convicted

Sentence

Fine

In defaultofpaymentof fine

Kulwant Singh

324 IPC

R.I for one year

148 IPC

R.I for one year

325/149 IPC

R.I for 1-%years

Rs. 500/-

R.I for 30 days

323/149 IPC

R.I for six months

326/149 IPC

R.I for 1-1/2 years

Rs.1000/-

R.lforthreemonths

Malkiat Singh

323 IPC

R.I for nine months

148 IPC

R.I for one year

325/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

324/149 IPC

R.I for ten months

326/149 IPC

R.I for 1-1/2 years

Rs.1000/-

R.I forthreemonths

Bhagwan Singh son of

324 IPC

R.I for one year

Mehar Singh

148 IPC

R.I for one year

323/149 IPC

R.I for six months

325/149 IPC

R.I for 1-1/2 years

Rs. 500/-

R.I for 30 days

326/149 IPC

R.I for 1-1/2 years

Rs.1000/-

R.I forthreemonths

Paramjit Singh alias Pamma

l 148 IPC

R.I for one year

323/149 IPC

R.I for six months

�

324/149 IPC

R.I for ten months

325/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

326/149 IPC

R.I for 1-1/2 years

Rs.1000/-

R.l for three months

Sucha Singh

326 IPC

R.I for two years

Rs.1500/-

R.I for four months

148 IPC

R.I for one year

325/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

324/149 IPC

R.I for ten months

323/149 IPC

R.I for six months

Bhagwan Singh son of Sucha Singh

323 IPC

R.I for nine months

148 IPC

R.I for one year

326/149 IPC

R.I for 1-1/2years

Rs.1000/-

R.I forthreemonths

325/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

324/149 IPC

R. I for ten months

DhanoBai

148 IPC

R.I for one year

323/149 IPC

R. I for six months

324/149 IPC

R.I for ten months

325/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

326/149 IPC

R.I for 1-1/2years

Rs.1000/-

R.I for three months

Mohinder Singh

148 IPC

R.I for one year

323/149 IPC

R.I for six months

324/149 IPC

R.I for ten months

325/149 IPC

R.I for 1-1/4 years

Rs. 500/-

R.I for 30 days

326/149 IPC

R.I for 1-1/2years

Rs.1000/-

R.I for three months

All the sentences were ordered to run concurrently.

Two Criminal Appeals bearing No. 7-SB of 2002 and 25-SB of 2002 pertaining to the cross-version to the FIR have also been decided today, vide a separate judgment.

In the present appeal bearing Criminal Appeal No. 8-SB of 2002, this Court shall confine to case FIR No. 193 dated 26.06.1995 lodged by Sucha Singh. The version given by Sucha Singh has been noticed by the trial Judge in para 2 of its judgment. The statement made by Sucha Singh is Ex.P19. The trial Judge has condensed the version given by him as under:

Sucha Singh stated that he is resident of village Bahmniwala. Dispute between Surjit Singh son of Surain Singh and Mohinder Singh son of Harnam Singh regarding 8 kanals of land is pending and this land is situated abutting Farm-house of Sucha Singh in the revenue limits of village Bahmniwala. Complainant Sucha Singh claims to be supporting Mohinder Singh in this dispute and due to this land dispute complainant and accused party were bound in security proceedings held u/s 107/151 Cr.P.C. Mohinder Singh being in possession of the disputed land transplanted paddy in it. On 25.6.1995 at about 5 p.m. complainant Sucha Singh along with his son Rajinder Kumar, brother Baj Singh and wife Dhanno Bai along with Mohinder Singh son of Harnam Singh were present at farm house of complainant and there Surain Singh accused armed with gandasi Narain Singh, Surjan Singh, Gajjan Singh, Surjit Singh and Kashmir Singh accused armed with gandasi each, Puran Singh armed with sword, Balbir Singh with gandasi, Bishamber Singh with sword, Tehal Singh and Makhan Singh each with sotas (sticks), Joginder Singh armed with dang, Desa Singh, Ishar Kaur and Veero Bai armed with sotas each came present in the fields of Mohinder Singh referred above. All these accused started raising lalkaras by proclaiming that they will uproot paddy transplanted by Mohinder Singh in the disputed land. On it complainant Sucha Singh along with his sons Rajinder Kumar, Bhagwan Singh and wife of complainant namely Dhanno Bai as well as Mohinder Singh prevented accused from uprooting paddy but accused inraged started inflicting injuries. Surain accused gave gandasi blow to ward off which complainant raised his right hand and as such said gandasi blow hit complainant on index finger of his right hand. Narain Singh accused gave two sharp edged side gandasi blow in head of complainant and like-wise Surjan Singh accused gave two sharp edged side gandasi blows in head of complainant whereas Surjit Singh accused gave two sharp edged side gandasi blows on back side of head of complainant. Even Gajjan Singh accused gave two reverse side gandasi blows in the back of head of complainant. Complainant fell on the ground and then Kashmir Singh gave sharp edged side gandasi blow in back of complainant. Puran Singh, Balbir Singh and Bishamber Singh accused gave injuries with the weapons held by them on persons of Rajinder Kumar son of complainant Sucha Singh. Tehal Singh and Makhan Singh accused inflicted injuries with their weapons on person of Baj Singh, brother of complainant. Joginder Singh, Desa Singh, Ishar Kaur and Veero Bai inflicted injuries with their weapons on persons of Dhanno Bai and Mohinder Singh. All accused persons inflicted these injuries in furtherance of the common object of each of accused. After inflicting injuries accused fled away from the spot and thereafter above named injured taken to Civil Hospital, Jalalabad by Makhan Singh son of Amar Singh.

The above said FIR was investigated and report u/s 173 Cr.P.C. was submitted against the accused appellants.

10.

The appellants were charged for various offences. They had caused injuries to Rajinder Kumar, Bhagwan Singh, Mohinder Singh, Dhanno Bai and Sucha Singh. These injured persons were medico- legally examined by Dr. Rajesh Kumar Sharma PW-2.

11.

Rajinder Kumar suffered three incised injuries. Injury No. 1 was on the wrist, injury No. 2 was on the left ring finger and injury No. 3 was a superficial incised injury on the head. Bhagwan Singh suffered four injuries and all of them were abrasions. Mohinder Singh suffered one injury on the left elbow caused by a blunt weapon. Dhanno Bai suffered three injuries. Injury No. 1 was on her head caused by a blunt weapon, injury No. 2 was an abrasion of the right arm and injury No. 3 was complain of pain. Sucha Singh suffered ten injuries. Injury No. 1 on his person was an incised injury on the right hand, injuries No. 2 to 5, 7 and 9 were on the head caused by incised weapon, whereas injuries No. 6 and 8 were also on the head caused by a blunt weapon and injury No. 10 was an incised injury on the back.

12.

In support of the version given in the FIR, injured complainant Sucha Singh appeared as PW-4, injured Bhagwan Singh as PW-5, injured Dhanno Bai as PW-6, injured Mohinder Singh as PW-7and injured Rajinder Kumar as PW-8.

13.

This Court need not to go into all intricacies and evidence of other witnesses who had participated in the investigation, as the trial Court had given the following findings in para 21 of its judgment, relevant portion whereof is as under:

21.

...So even if result of investigation qua free fight cannot be given the status of legal evidence but despite that facts and circumstances of the case itself enough to show that present case was a case of free fight in which both the parties received injuries at hands of each other allegedly in exercise of right of self defence.

14.

From the evidence of Sucha Singh PW-4, Bhagwan Singh PW-5, Dhanno Bai PW-6, Mohinder Singh PW-7 and Rajinder Kumar PW-8, as dealt with by the trial Court, it is evident that the fight between two sides was a free fight. This finding has also been reiterated in cross- case, pertaining to which Criminal Appeal No. 7-SB of 2002 and Criminal Appeal No. 25-SB of 2002 have been decided by this Court vide a separate judgment of even date.

15.

In the present case, both the parties were asserting their possession over the land. To prove their claim, sowing of paddy became an important issue for the parties, thus both the sides caused injuries to each other. They were determined to settle their possession by use of weapons. In such a situation, it is difficult to find out as to how the occurrence originated. Genesis of the occurrence cannot be comprehended. Therefore, it can be safely said that it is a case of free fight. It is a settled legal position that in a case of free fight, each accused is responsible for his individual role and Section 149 IPC cannot be applied. This Court in Gurmit Singh and Ors. v. State of Punjab, Criminal Appeal No. 857-SB of 1997, decided on 22.1.2010 considered the case law and observed as under:

In Gajanand and Others Vs. State of Uttar Pradesh, , Hon''ble Apex Court held as under:

A free fight is "when both sides mean to fight from the start, go out to fight and there is a pitched battle. The question of who attacks and who defends in such a fight is wholly immaterial and depends on the tactics adopted by the rival commanders.

It was further held that in case of free fight, each accused is responsible for his own act and can only be convicted for individual liability. In State of Haryana Vs. Chandvir and others, , Hon''ble Apex Court held that in case of free fight, liability of each accused has to be considered independently. This view was further followed in Kanbi Nanji Virji and Others Vs. The State of Gujarat, . In ''Kashi Rai and Ors. v. State of Bihar'' 1994 SCC (Cri) 416 , the settled legal position was further reiterated and it was held that assailants should be held liable for their individual acts. Further reliance can be placed upon Pundalik Mahadu Bhane and Others Vs. State of Maharashtra, .

16.

In view of the discussion made above, Surain Singh, Kashmir Singh, Puran Singh and Balbir Singh are hereby held substantively liable for an offence punishable u/s 324 IPC; Narain Singh, Surjan Singh and Surjit Singh under Sections 324 and 307 IPC; Bishamber Singh is held substantively liable for an offence punishable u/s 326 IPC; whereas Gajjan Singh, Tehal Singh, Makhan Singh, Joginder Singh, Desa Singh, Ishar Kaur and Veero Bai are held substantively liable for an offence punishable u/s 323 IPC. All the appellants are acquitted of other charges.

17.

In the present case, occurrence pertains to the year 1995. A period of fifteen (15) years is going to elapse. Taking into consideration that the accused have suffered mental pain and agony of a protracted trial, the sentence awarded to eight appellants is hereby reduced as detailed below, whereas the other seven appellants are released on probation as stated thereafter:

Sr. No.

Name of the accused

Section

Sentence reduced to

Surain Singh

324 IPC