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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
M.JEYAPAUL, ANITA CHAUDHRY, JJ.
Criminal Appeal No. D-679-DB of 2008
Rajinder Singh and others - Appellants
Versus
State of Punjab - Respondent
Criminal Appeal No. D-714-DB of 2008
Sadhu Singh and others - Appellants
Versus
State of Punjab - Respondent
Criminal Revision No. 2287 of 2008
Namdar Singh - Petitioner
Versus
Sadhu Singh and others - Respondents
Criminal Revision No. 270 of 2009
Manpreet Singh - Petitioner
Versus
Babu Singh and others - Respondents
Criminal Appeal No. D-679-DB of 2008, Criminal Appeal No. D-714-DB of 2008, Criminal Revision No. 2287 of 2008 and Criminal Revision No. 270 of 2009
Decided on : October 28, 2013
self defence - Criminal Law - Section 302 IPC, Section 324 IPC, Section 323 IPC, Section 307 IPC - The judgment discusses the application of self-defence in a case involving a violent altercation between two parties. It highlights the interpretation of the right of private defence and the assessment of evidence to determine the legitimacy of self-defence claims.
Fact of the Case:
The case involved a violent altercation between two parties over a disputed plot of land, resulting in injuries and the death of an individual. The accused parties claimed self-defence, while the prosecution presented evidence of their aggressive actions.
Finding of the Court:
The court found that the accused parties were not justified in their claim of self-defence. It concluded that the evidence supported the prosecution's version of events, indicating that the accused parties were the aggressors in the altercation.
Issues: The key issues revolved around the legitimacy of the accused parties' claim of self-defence, the assessment of evidence regarding the altercation, and the determination of individual culpability for the violent acts.
Ratio Decidendi: The court's decision was based on the assessment of witness testimony, medical evidence, and the nature of injuries sustained. It emphasized that the accused parties' actions did not align with the principles of self-defence, leading to their conviction.
Final Decision: The court convicted and sentenced the accused parties based on their individual acts, with one party being acquitted. The judgment also addressed the issue of compensation for the victim's family and the pursuit of civil remedies.
M.JEYAPAUL, J.
1. The accused who were convicted and sentenced by the trial court have preferred the above Criminal Appeals. Manpreet Singh has filed Criminal Revision No. 270 of 2009 challenging the acquittal recorded by the trial Court in the counter case lodged by him. The complainant Namdar Singh has filed Criminal Revision No. 2287 of 2008 praying for enhancement of sentence and compensation. As all these appeals and the Criminal Revisions were connected with each other, they were taken up together for common disposal.
2. Accused Rajinder Singh had died as per the custody certificate produced by the learned Additional Advocate General appearing for the State of Punjab and accused Sadhu Singh son of Mukhtiar Singh had died as per the death certificate produced by the learned Additional Advocate General appearing for the State of Punjab. Therefore, Criminal Appeal No. D-679-DB of 2008 qua accused Rajinder Singh and Criminal Appeal No. D-714-DB of 2008 qua accused Sadhu Singh son of Mukhtiar Singh abated.
3. The complainant Namdar Singh suffered a statement as follows:-
He had a plot adjacent to the plot of accused Rajinder Singh. Rajinder Singh interfered with the possession of the plot possessed by Namdar Singh. Namdar Singh laid foundation for putting up a boundary wall in his plot. Accused Rajinder Singh came along with his son accused Manpreet Singh and others and tried to prevent Namdar Singh from raising wall. Namdar Singh out of fear of fight proceeded to call the Panchayat members. Iqbal Singh (since deceased) was the Ex-Sarpanch of the village. He came along with his brother Harbans Singh and Jagjit Singh to the spot. Accused Rajinder Singh, accused Manpreet Singh and accused Tota Singh were found armed with .12 bore gun each. Accused Gurcharan Singh, accused Sadhu Singh son of Mukhtiar Singh, accused Paramjit Singh and accused Gurdev Singh were found with Takua. Accused Gamdoor Singh raised lalkara that Namdar Singh should be taught a lesson for raising wall and his supporter Iqbal Singh for opposing Manpreet Singh in the election of Sarpanch. Accused Manpreet Singh fired a shot from his .12 bore gun which hit Iqbal Singh on his chest. Accused Rajinder Singh fired a shot at Namdar Singh which hit on his left ankle. PW7 Harbans Singh tried to run away out of fear. Tota Singh fired at him which hit him on his back. Sadhu Singh son of Mukhtiar Singh gave a Takua blow on Iqbal Singh on the back side of his head. Jagjit Singh came forward to rescue the complainant party. Accused Gurcharan Singh gave a Takua blow on his forehead. Accused Gurdev Singh gave a Takua blow from its reverse side which hit on the right shoulder of Namdar Singh. Accused Paramjit Singh also gave a Takua blow on the head of Namdar Singh. Accused Sadhu Singh son of Hakam Singh and Gamdoor Singh gave brick bat blow on the right hand of Namdar Singh and shoulder of Jagjit Singh. The injured were taken to the hospital but Iqbal Singh died on reaching the hospital.
4. Manpreet Singh had come out with a counter version in his statement as follows:-
On 28.9.2003 at about 5.00 P.M. Namdar Singh and his sons Sadhu Singh and Babu Singh were laying foundation for raising wall in the plot of Manpreet Singh. On seeing them, he (Manpreet Singh) and his father Rajinder Singh, his father-in-law Sadhu Singh and brothers-in-law namely, Gamdoor Singh and Paramjit Singh, Sadhu Singh and Gurdev Singh sons of Mukhtiar Singh proceeded to the plot of Manpreet Singh, to prevent Namdar Singh and his sons Sadhu Singh and Babu Singh from laying foundation for raising wall in the plot of Manpreet Singh. Namdar Singh raised lalkara to catch hold of them and teach a lesson for preventing them from laying foundation. All the three persons were armed with spades. Iqbal Singh armed with Kapa and Wakil Singh armed with .12 bore gun came to the spot. Iqbal Singh gave a Kapa blow from its reverse side on the head of Manpreet Singh. Namdar Singh gave a brick bat blow on the n
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