In the High Court for the States of Punjab and Haryana At Chandigarh Ajit Singh and others … Appellants Versus State of Punjab ... Respondent (II) CRA-D-251-DB-2005 (O&M)

Baljit Singh and others … Appellants Versus State of Punjab ... Respondent (III) CRR-1363-2005 (O&M)

Charanjit Singh … Petitioner Versus Ajit Singh and others ... Respondents Date of Decision:-10.3.2025 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Arnav Sood, Advocate, Amicus Curiae, for the appellant(s) in CRA-D-250-DB-2005 & CRA-D-251-DB-2005.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

Mr. D.S.Virk, Advocate, Amicus Curiae, for the petitioner in CRR-1363-2005.

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GURVINDER SINGH GILL, J .

1. This judgment shall dispose of above-mentioned set of two appeals filed on behalf of appellants namely Ajit Singh, Jagtar Singh, Baljit Singh, Baldish Singh & Balbir Singh challenging their conviction in respect of offences punishable under Sections 148, 302, 307, 324 read with Section 149 of Indian Penal Code as recorded by learned Additional Sessions Judge, Hoshiarpur vide judgment dated 16.3.2005, and also a criminal revision petition filed filed by complainant – Charanjit Singh challenging acquittal of accused Swaran Kaur @ Swarni, Jaswinder Kaur, Resham Kaur and Rajwinder Kaur @ Beena while also seeking enhancement of sentences imposed upon accused/appellants namely Ajit Singh, Jagtar Singh, Baljit Singh, Baldish Singh & Balbir Singh.

2. The matter arises out of FIR No.86, dated 18.5.2002 registered at Police Station Mahilpur, under Sections 302, 307, 326, 324, 148 and 149 of Indian Penal Code, at the instance of Charanjit Singh son of Sohan Singh. The translated gist of his statement (Ex.PA) reads as under:

“I am an agriculturist by profession. Lakhvir Singh is my cousin, who had constructed a residential house in the village adjoining the house of Ajit Singh. Ajit Singh had placed ‘girders’ on the wall of Lakhvir Singh’s house in Lakhvir Singh’s absence without seeking his permission. When Lakhvir Singh questioned Ajit Singh about the same, Ajit Singh replied that it would not matter and that he (Ajit Singh) will pay for his share in the constructed wall. Later when Lakhvir Singh demanded the amount qua the share of Ajit Singh in respect of the constructed wall, then Ajit Singh retorted that he (Lakhvir Singh) had raised the construction by encroaching upon his (Ajit Singh’s) plot and, as such, there was no question of any payment of amount. The said remarks led to an altercation between them and Lakhvir Singh told Ajit Singh that he will remove the ‘girders’ from the wall. The said incident was disclosed to me as well as to complainant’s uncle Chain Singh and Gurmit Singh son of Chain Singh by Lakhvir Singh. We, however, advised that we should not enter into any kind of quarrel and will discuss the matter with Ajit Singh. Today (18.5.2002) at about 10:30 A.M., I alongwith Lakhvir Singh, Chain Singh and Gurmit Singh went to the roof of Lakhvir Singh’s house to check the position of ‘girders’. However, we saw that Ajit Singh armed with a ‘kirpan’, Jagtar Singh armed with a ‘datar’, Parveen Singh @ Tota unarmed, Veena Rani, Resham Kaur, Jaswinder Kaur and Swarni, who were all carrying brick bats and sticks, were sitting with a pre- meditated plan and upon seeing them Ajit Singh raised a ‘lalkara’ exhorting his companions to catch us and to teach us a lesson for removing ‘girders’ from the wall. Immediately thereafter Ajit Singh gave a blow with ‘kirpan’ to Lakhvir Singh hitting him on his head. Baldish Singh inflicted a blow with ‘gandasi’ on the head of Lakhvir Singh. Baljit Singh gave a blow with ‘kirpan’ on the head of Lakhvir Singh and resultantly Lakhvir Singh fell down. Veena Rani, Resham Kaur and Jaswinder Kaur started throwing brick bats while Lakhvir Singh had fallen down, hitting him on his head and on other parts of his body. I stepped forward pleading with them not to give beatings. Baldish Singh inflicted a