JUDGMENT

The appellant along with his father Jang Singh and mother Surjit Kaur were tried for offences under Sections 302 and 302/34 I.P.C. by the Special Judge, Ferozepore. While Jang Singh, father of the appellant, and Surjit Kaur, mother of the appellant were acquitted, the appellant was convicted for the offence under Section 302 I.P.C. and sentenced to suffer imprisonment for life. Through this appeal, under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984, he has questioned his conviction and sentence.

2. The prosecution case is that the field of Gurdev Singh, PW 3, father of Harcharan Singh (deceased) adjoins the field of Jang Singh, father of the appellant and over the water channel, there is a small bridge which was being used by both the parties. On May 4, 1984, at about 5 p.m. Gurdev Singh PW 3, his wife Gurjit Kaur PW 4 and Harcharan Singh (deceased) were proceeding to their field in a trolley driven by the tractor and when they reached at a distance of about 7 feet from the bridge, Surjit Kaur, Sukhmandar Singh armed with gandasa and Jang Singh armed with a lathi, after raising a lalkara that they would not allow the complainant party to cross over the bridge, attacked them. Sukhmandar Singh is alleged to have given a gandasa blow on the head of Harcharan Singh who fell down, Gurjit Kaur tried to intervene and was given a dang blow by Jang Singh. On alarm being raised, the appellant and his co-accused ran away with their respective weapons. Gurdev Singh, PW 3 proceeded to the police station to lodge the report and his statement was recorded by Mohinder Partap, ASI, PW 6 at about 6.30 p.m. The statement was sent to the police station and a formal FIR Ex. P. 8/B came to be registered on the basis thereof. The Investigating Officer Mohinder Partap PW 6 went to the house of Gurdev Singh where the dead body of Harcharan Singh was lying and after preparing the inquest report Ex. P 2, he despatched the body for post-mortem examination. The rough site plan of the place of occurrence was prepared by PW 7 Major Singh Inspector who has also collected blood stained earth from the place of occurrence vide seizure memo Ex. P. 9.

3. Dr. Sant Parkash Singh, Senior Medical Officer, Civil Hospital, Muktsar performed the autopsy on the dead body of Harcharan Singh and found an incised wound 4 cm x 1 cm on the middle of scalp, 11 cms from anterior hair-line. On exploration, fracture of the bone of the skull was detected. The Doctor opined that the death was due to shock and haemorrhage as a result of the aforesaid injury. Dr. Sant Parkash Singh, PW 1 also examined Gurjit Kaur at 8.30 p.m. on May 4, 1984 and found one incised wound on her wrist joint and an abrasion on the front of the right knee joint. After completion of investigation, the appellant and his co-accused were tried, as already noticed.

4. The prosecution examined Dr. Sant Parkash Singh, PW 1, Jorawar Singh, PW 2, Gurdev Singh, PW 3, Bhajan Singh, PW 5, Mohinder Pratap ASI, PW 6, Major Singh Inspector, PW 7 and filed the report of the chemical examiner. The accused in their statement recorded under Section 313 Cri PC pleaded the right of self defence. Sukhmandar Singh, appellant gave the following statement:

"I have no right foot and cannot walk without a support. I was grazing cattle and had a takwa for my support and for cutting Datons. Gurdev Singh, Harcharan Singh wanted to pass their tractor through our land. My father objected to it. Thereafter, my father and Gurdev Singh abused each other. Gurdev Singh and Harcharan Singh gave gandasa blow to my father. My mother also received injuries from them when she tried to intervene. I also intervened to save my father and mother. Harcharan Singh gave a gandasa blow on my hand and I in self defence gave a takwa injury to Harcharan Singh. I then fell down. Gurcharan Singh, brother of Harcharan Singh is married at Dhok to the sister of Balraj Singh. That Balraj Singh is married to the niece of Major Singh PW