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2008 DIGILAW 730 (PNJ)

Balkar Singh v. State Of Punjab

2008-03-19

KANWALJIT SINGH AHLUWALIA

body2008
Judgment Kanwaljit Singh Ahluwalia, J. 1. The present appeal has been filed by Balkar Singh, Swinder Singh alias Chhinda sons of Bachan Singh, Satwant Singh son of Pritam Singh, Kashmir Singh son of Dalip Singh, Malwinder Singh son of Jagir Singh, Darshan Singh son of Inder Singh and Raghbir Singh son of Nishabar Singh. 2. These appellants were tried in case FIR No. 52 dated 6.4.1993 registered at Police Station Sadar, Batala under Sections 307, 452, 379, 380, 149 IPC and 25 of Arms Act. 3. Puran Singh Bajwa, President of Managing Committee, Guru Nanak Dev Academy, Batala submitted an application dated 6.4.1993 to the Station House Officer, Police Station Civil Lines, Batala, wherein he stated that Gurudwara Kandh Sahib, Batala is situated at Batala-Jalandhar Road and from year 1987 Guru Nanak Dev Academy is being constructed. In this academy children are studying. For the construction of this academy, Managing Committee of Gurdwara Kandh Sahib, Batala, had entrusted the construction to Baba Harbans Singh of Delhi. Baba Harbans Singh has appointed his follower Baba Balkar Singh for supervising the construction. The entire amount of construction was being spent by Gurudwara Kandh Sahib. It is stated that in May 1989, the work of construction was stopped. The school is being run by the registered Committee and there is a constitution of the Committee. Therefore, after May 1989 Baba Balkar Singh had no concern with the Gurudwara of the Committee. It is further stated that the Committee has undergone the job of admissions to the Guru Nanak Dev Academy and it was expected that Rs. 4,00,000/- or Rs. 5,00,000/- has been collected. It was apprehended that Baba Balkar Singh forcibly want to take possession of the academy and had also fled a civil suit. It is further stated that on 1.4.1993 Baba Balkar Singh along with his companions broke open the lock of the school and started Akhand Path of Shree Guru Granth Sahib. 4,00,000/- or Rs. 5,00,000/- has been collected. It was apprehended that Baba Balkar Singh forcibly want to take possession of the academy and had also fled a civil suit. It is further stated that on 1.4.1993 Baba Balkar Singh along with his companions broke open the lock of the school and started Akhand Path of Shree Guru Granth Sahib. On 6.4.1993, Puran Singh along with Jasbir Singh, Clerk, Ajit Singh, Member Committee, and Bhupinder Singh, Member Committee, went to the office of the Committee for initiating admission process, then at about 12.15 P.M. Baba Balkar Singh armed with 12 bore double barrel gun, Satwant Singh also armed with 12 bore double Criminal Appeal No. 824-SB of 1997 3 barrel gun, Chhida Singh armed with lathi, Darshan Singh armed with khunda, Malwinder Singh armed with iron rod, Bhira Singh armed with iron rod, and Kashmir Singh armed with dang, came there and started raising lalkaras and were given abuses and said that they would teach lesson for making admissions. It is stated that when the persons ran out of the office, then Baba Balkar Singh and Satwant Singh fired shots and others started beating. At that time, parents of the children saved the victims. It is stated that Chhinda took a burning wood from the fire and gave blow on the left shoulder of Puran Singh. Darshan Singh also gave him injuries with his khunda. Kashmir Singh gave a dang blow, which hit on the left hand of Puran Singh. It is further stated that Baba Balkar Singh fired at Puran Singh to kill him and in order to save himself complainant lay down on the ground. In the meanwhile, police of Civil Lines Police Station, Batala came at the spot and all the accused decamped from the spot. 4. After FIR was investigated, report under Section 173 Cr.P.C. was submitted. Charge against the appellants was framed for an offence under Section 148 IPC. Balkar Singh and Satwant Singh were substantively charged under Section 307 IPC, whereas others were charged with the aid of Section 149 IPC. All the accused were further charged for an offence under Section 450 IPC. Balkar Singh accused was substantively charged with Section 326 IPC, whereas others were charged with the aid of Section 149 IPC. Satwant Singh was substantively charged under Section 324 IPC, whereas others were charged with the aid of Section 149 IPC. All the accused were further charged for an offence under Section 450 IPC. Balkar Singh accused was substantively charged with Section 326 IPC, whereas others were charged with the aid of Section 149 IPC. Satwant Singh was substantively charged under Section 324 IPC, whereas others were charged with the aid of Section 149 IPC. Kashmir Singh, Chhinda Singh, Darshan Singh and Malwinder Singh were substantively charged Criminal Appeal No. 824-SB of 1997 4 under Section 323 IPC, whereas Balkar Singh, Satwant Singh and Raghbir Singh were charged with the aid of Section 149. Malwinder Singh, Chhinda Singh, Darshan Singh and Kashmir Singh were charged substantively for causing injuries to Bhupinder Singh under Section 323 IPC, whereas others were charged with the aid of Section 149 IPC. PW.1 Dr. Sukhdeep Singh medicolegally examined Puran Singh on 6.4.1993 at 4.05 PM and found following injuries on his person :- "1. Diffused swelling 6 cm X 4 cm on the palmer aspect of medial border of left hand. Kept under observation. Advised Xray; 2. Reddish abrasion 2 cm X 1 cm on the posterio medial aspect of left vord arms 3 cm above left wrist joint; 3. Reddish contusion 10 cm X 2= cm on the front of lower part of chest 1 cm below right subcostal margin; 4. Lacerated penetrating wound = cm on the back of right elbow joint surrounded by diffused swelling 7 cm X 5 cm blackening present. Margins inverted kept under observation. Advised X-ray. There was no corresponding cut on the shirt; 5. Reddish contusion 10 cm X 3 cm on the back of left shoulder joint; AND Criminal Appeal No. 824-SB of 1997 5 6. Reddish contusion 6 cm X 2 cm on the upper part of left upper arm 3 cm below left shoulder joint on its lateral aspect". On the same day, Dr. Sukhdeep Singh examined Bhupinder Singh and the following injuries were found on his person :- "1. Reddish abrasion 2 cm X 1 cm on left side of forehead 1 cm above middle of left eye brow. Surrounded by diffused swelling .6 cm X 4 cm; 2. Lacerated wound 1= cm X 1 cm on the front and upper 1/3rd of right leg along with reddish abrasion 2 cm X cm bleeding present. The wound was bone deep kept under observation. X-Ray advised; 3. Surrounded by diffused swelling .6 cm X 4 cm; 2. Lacerated wound 1= cm X 1 cm on the front and upper 1/3rd of right leg along with reddish abrasion 2 cm X cm bleeding present. The wound was bone deep kept under observation. X-Ray advised; 3. Lacerated wound 1 cm X = cm on front and upper part of left leg 6 cm from left knee joint. Bleeding present wound was muscle deep; 4. Reddish abrasion 4 cm X = cm on middle of upper part of forehead starting from anterior hair line and extending downwards surrounded by diffused swelling 7 X 3 cm kept under observation; 5. Reddish contusion 8 cm X 1= cm on the middle of lateral aspect of left upper arm; 6. Reddish contusion 9 cm X 1= cm on the Criminal Appeal No. 824-SB of 1997 6 middle of lateral aspect of left upper arm 2 cm above left elbow joint 7. Reddish contusion 7 cm X 1= cm on the middle of lateral aspect of right upper arm; 8.Diffused swelling 6 cm X 3 cm on the palmer aspect of whole of right thumb. Kept under observation X-ray advised". All the injuries on the person of Puran Singh and Bhupinder Singh were declared simple. 7 PW. 2 Satish Chander, Draftsman, prepared the scaled site plan. 8. PW. 3 Assistant Sub Inspector Gehal Singh partly investigated the case and took documents in possession. 9. Eye witnesses Ajit Singh, Dilbagh Singh and Balkar Singh were given up as having been won over. 10. Puran Singh, complainant, appeared as PW. 4 and has reiterated the version given in the FIR. 11. PW. 5 Sadhu Ram, Sub Inspector, partly investigated the case. 12. PW. 6 Gurcharan Singh, Head Constable is formal witness. 13. PW. 7 Bhupinder Singh is another injured who has corroborated the version of PW. 4 Puran Singh. 14. PW. 8 Assistant Sub Inspector Balwant Singh has partly investigated the case. 15. PW. 9 Sulakhan Singh has proved the civil litigation between Trust Baba Ajit Singh Jujar Singh Religious Educational Social Welfare and Charitable Trust, Anandpur Sahib and the office bearers fo the Academy. 16. PW. 10 Pritam Chand, Inspector, is the Investigating Officer. 17. Statements under Section 313 Cr.P.C. of all the accused were recorded. 18. Balkar Singh stated that Puran Singh has embezzled the funds of Gurudwara and he has been falsely implicated. 16. PW. 10 Pritam Chand, Inspector, is the Investigating Officer. 17. Statements under Section 313 Cr.P.C. of all the accused were recorded. 18. Balkar Singh stated that Puran Singh has embezzled the funds of Gurudwara and he has been falsely implicated. Similar statements were made by other accused. 19. Learned trial Court held that no offence under Section 307, 326, 324 and 450 IPC is made out. However, all the accused were convicted under Sections 148, 323 read Section 149 IPC and the following sentences were awarded :- "All the accused were sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 500/- each, in default whereof to further undergo rigorous imprisonment for one month each under Section 148 IPC. Accused Kashmir Singh, Chhinda Singh, Darshan Singh and Malwinder Singh were sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 500/- each, in default whereof to further undergo rigorous imprisonment for one month each under Section 323 IPC. Accused Balkar Singh, Satwant Singh and Raghbir Singh were also sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 500/- each, in default whereof to further undergo rigorous imprisonment for one month each under Section 323 read with Section 149 IPC. The sentences of all the accused were ordered to run concurrently". 20. PW. 4 Puran Singh and PW. 7 Bhupinder Singh are the injured witnesses. Their presence is stamped at the spot. I have read the testimony of these witnesses. They aspire confidence. They will be the last persons to falsely implicate the accused. 21. Order dated 9.7.1993 reveals that Swinder Singh, Darshan Singh, Kashmir Singh and Raghbir Singh were released under Section 167(2) Cr.P.C. as they had undergone 90 days and no challan was submitted. Balkar Singh was granted pre-arrest bail by this Court. 22. In the present case, occurrence pertains to year 1993. The appellants have suffered a protracted trial. They have been convicted for an offence under Section 323 and maximum sentence under this Section awarded is six months. Some of the accused have undergone three months out of six months of their sentence. Taking into account protracted trial, ends of justice will be met in case the appellants are ordered to be released on probation under the Probation of Offenders Act, 1985 for a period of six months. Some of the accused have undergone three months out of six months of their sentence. Taking into account protracted trial, ends of justice will be met in case the appellants are ordered to be released on probation under the Probation of Offenders Act, 1985 for a period of six months. They shall be called upon by the Court of learned Chief Judicial Magistrate, Gurdaspur to furnish bonds to the effect that they shall maintain peace, and good conduct for the period of six months. However, their sentence of fine is enhanced to Rs. 5,000/- qua each appellant. Learned Chief Criminal Appeal No. 824-SB of 1997 9 Judicial Magistrate, Gurdaspur shall call upon them to deposit the fine which shall be converted into cost of litigation. Non-deposit of cost of litigation shall be construed dismissal of the appeal. The present appeal is disposed of, in above terms.