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1992 Supreme(P&H) 347

S.D.BAJAJ, B.S.NEHRA
State of Punjab – Appellant
Versus
Bakhtawar Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. P.S. Thiara, AAG, Punjab.
For the Respondents:Mr. G.S. Doad, Advocate.

JUDGMENT

S.D. Bajaj, J. - Inside Civil Hospital, Gidderbaha, at 1.30 P.M. on October 6, 1987, victim Jagbir Singh reported to Head Constable. Thana Singh of Police Station, Kot Bhai of Faridkot District in Punjab State. "I do cultivation work with my parents in my village. I have no brother. My grandfather had expired. His (grandfathers) land measuring 7-1/2 killas is under dispute between him and my Tayaji (fathers elder brother) Bakhtawar Singh. Proceedings under Section 145, 146 Criminal Procedure Code were carried out in respect of this land. The village Panchayat effected the compromise regarding this land by dividing the same into two equal shares. We, even ourselves had sown our shares, of land. Yesterday on 5.10.87 at 6.00 AM to 7.00 AM turn of water was be for both of our households and our burn was due from 6.30 A.M. Therefore, at about 6.15 AM I along with my maternal grandfather Bhag Singh went to our fields for irrigation. At 6.30 AM when we turned the flow of water then Bakhtawar Singh armed with Gandasa, his son Sohan Singh armed with Gandasa and his second son Mohan Singh armed with Dang came near us and asked as to why we ahd turned the flow of water. I told them th









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