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2012 Supreme(SC) 811
SUPREME COURT OF INDIA
SWATANTER KUMAR & MADAN B. LOKUR, JJ.
GURMAIL SINGH - Appellant
VERSUS
STATE OF PUNJAB & ANR. - Respondents
Criminal Appeal No. 1782 of 2008 with Criminal Appeal No. 1783 of 2008
Decided on : 21-11-2012
Headnote:
Indian Penal Code,1860 - Section 149 – Arms Act - Section 25 - FIR - Punishable - Appeals are before us first appeal is Criminal Appeal filed by son - He has challenged his conviction by High Court for an offence punishable Section IPC for which he was earlier acquitted by Trial Court - He has also challenged upholding of his conviction by High Court for an offence Section of IPC for causing injuries to Kaka Singh and Piaro appeal is Criminal Appeal filed son of - He has challenged his conviction by High Court for an offence punishable under Section IPC read with Section thereof as well as for an offence Section IPC has also challenged his conviction Section read with Section of IPC for causing simple injuries to and as well as his conviction Section read with Section of IPC for causing grievous injuries had earlier been acquitted of all charges by Trial Court –Held, Certainly caused such bodily injury to Gurdial Singh and others with him as to result in his death - Given number and nature of injuries it is difficult to come any conclusion other than that injuries were sufficient in the ordinary course of nature to cause death did succumb to injuries case it quite clear that the assembly of eight had come from two different villages Shahpur Kalan and That they came with an aggressive intent is clear from that two of them were armed with double barreled guns and others with sharp-edged gandasa - Two members of assembly nephew of and sister gave lalkara (a challenge) to effectively “finish off” Gurdial Singh and his party - Following up on this shots were fired at Dial and were subjected to gandasa blows - No one from Gurdial Singh’s party all of whom were unarmed was spared except Joginder Singh who had hidden himself - As already noted succumbed to his injuries – Appeal dismissed
JUDGMENT
Madan B. Lokur, J.-The substantive question before us is whether the High Court was right in reversing the view expressed by the Trial Court that the provisions of Section 149 of the Indian Penal Code (for short IPC) did not apply to the facts and circumstances of the case. Our answer is in the affirmative and we uphold the decision of the High Court in this regard. The appeals before us require to be dismissed.
The appeals:
2. Two appeals are before us: The first appeal is Criminal Appeal No. 1782 of 2008 filed by Gurmail Singh son of Bachan Singh. He has challenged his conviction by the High Court for an offence punishable under Section 302 of the IPC for which he was earlier acquitted by the Trial Court. He has also challenged the upholding of his conviction by the High Court for an offence under Section 324 of the IPC for causing injuries to Kaka Singh and Piaro.
3. The second appeal is Criminal Appeal No. 1783 of 2008 filed by Gurmail Singh son of Nahar Singh. He has challenged his conviction by the High Court for an offence punishable under Section 302 of the IPC read with Section 149 thereof as well as for an offence under Section 148 of the IPC. Gurmail Singh son of Nahar Singh has also challenged his conviction under Section 324 read with Section 34 of the IPC for causing simple injuries to Kaka Singh and Piaro as well as his conviction under Section 326 read with Section 149 of the IPC for causing grievous injuries to Gurmail Kaur. Gurmail Singh son of Nahar Singh had earlier been acquitted of all charges by the Trial Court.
The facts:
4. There was a dispute between the families of Gurdial Singh and Nachhatar Singh. The disputants are related. The dispute pertained to ownership of land and a civil suit is pending between the parties in this regard in Mansa.
5. It appears that as a result of the land dispute, Nachhatar Singh allegedly murdered Gurdial Singh’s son Mohinder Singh on 20th February 1989. Gurdial Singh was an eyewitness to the alleged murder. We are told that the trial is still pending.
6. On 10th March 1989 at about 9/9.30 p.m. Gurdial Singh and his two brothers, Kaka Singh and Dial Singh along with Joginder Singh, the complainant (whose daughter is married to Gurdial Singh’s son) were irrigating their fields in village Heeron Kalan, Police Station Bhikhi, District Bhatinda (Punjab). They were informed by Gurmail Kaur and Piaro (both daughters of Gurdial Singh) that some shots were fired in the village near Nachhatar Singh’s house. On receiving this information, all of them left for the village.
7. When they were about to enter their house, a lalkara (a challenge) was given by Gurmail Singh son of Nahar Singh (and nephew of Nachhatar Singh) and Bibi (Nachhatar Singh’s sister) to the effect that no one from Gurdial Singh’s party would be spared. On this, eight persons (the accused) which included Nachhatar Singh’s nephews, their associates and Nachhatar Singh’s sister Bibi attacked them. It needs to be mentioned here that some of these eight persons were residents of village Shahpur Kalan, while others were residents of village Jharon, both under Police Station Longowal, District Sangrur (Punjab).
8. During the attack, Jarnail Singh (nephew of Nachhatar Singh) allegedly fired a shot with a 12bore double barrel gun at Gurdial Singh and injured him on his left thigh. He allegedly fired another shot at Gurdial Singh and injured him on the finger of his right hand. Jarnail Singh has been convicted by the High Court of an offence punishable under Section 302 of the IPC, but we say nothing in this regard since he has filed a separate petition in this Court against his conviction.
9. Gurmail Singh son of Bachan Singh (an associate) fired at Piaro with a 12-bore double barrel gun and injured her left ankle. He also fired two shots at Kaka Singh which hit him on the front side of his right shoulder and behind his right upper arm.
10. Gurmail Singh son of Nahar Singh (and nephew of Nachhatar Singh) alon
