IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on:-15.10.2025 Date of Decision:02.02.2026 Uploaded on:09.02.2026 Shimla Singh and others …Appellants Vs.

State of Punjab …Respondents CORAM: HON’BLE MR. JUSTICE N.S.SHEKHAWAT HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present: Mr. Akashdeep Singh, Advocate for the appellants.

Mr. I.P.S. Sabharwal, DAG, Punjab.

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N.S.SHEKHAWAT , J.

1. The appellants have preferred the present appeal against the impugned judgment and order dated 17.01.2004 passed by the Court of Additional Sessions Judge, Ferozpur, whereby, they were convicted for the commission of the offences punishable under Sections 302/323/149 and 148 of IPC and each of them was sentenced as under:-

U/s Imprisonment fine Default

302 IPC Life Imprisonment Rs.2000/- Two years

323 IPC To undergo imprisonment for --- ---

three months

148 IPC To undergo imprisonment Rs.500/- One month for two years

2. The FIR Ex.PA/2 in the present case was registered on the basis of the statement made by Arjan Singh son of Mehtab Singh and the English translation of the same has been reproduced below:-

“Statement of Arjan Singh s/o Mehtab Singh, Rai Sikh, aged about 60 years, r/o Ghurka, P.S. Saddar Fazilka:-l I am a resident of village Ghurka and am an agriculturist. I have four sons. The eldest is Puren Singh, aged about 35 years, younger to him is Jangir Singh, aged about 28 years, younger to him is Hansa Singh; aged about 26 years, and youngest is Raj Singh aged about 16 years. Yesterday at about 7.30 p.m., my son Jangir Singh and his wife Kanto were planting paddy in our field and I was uprooting the saplings of the paddy nearby. My son Raj Singh was loosening the earth (Goddi) of vegetable at a distance of about 2 killas near our tubewell. There is dhani (Hamlet) of Shimla Singh s/o Harnam Singh at a distance of about 20/22 karams from our field. Sewa Singh @ Kala s/o Shimla Singh had placed heap of wheat chaff near our field. Paramjit, aged about 7 years and Girmit, aged about 5 years, daughters of my son Hansa Singh were playing near the heap of wheat chaff. While playing, they climbed on the heap of wheat chaff. Sewa Singh @ Kala who was loosening the earth of vegetable in his field nearby, started abusing the girls. Jangir Singh asked Sewa Singh as to why he was abusing the girls. Sewa Singh replied that why they were damaging his wheat chaff. On account of this, they entered into an altercation. Sewa Singh went running towards his house and brought a gandasi from there. His brother Tota Singh armed with tringle, Deepa Singh s/o Shimla Singh armed with dang, Kulwant Singh s/o Shimla Singh armed with dang, Shimla Singh s/o Harnam Singh armed with dang and Durga Bai w/o Shimla Singh armed with spade followed him. Durga Bai raised a lalkara saying caught hold, we will teach them a lesson today for quarreling with us as they prevented them from damaging their wheat chaff. Sewa Singh @ Kala gave a blow with his gandasi from the blunt side on the head of my son Jangir Singh as a result of which he fell down on the ground. While he was lying on the ground, Tota Singh gave a blow with his tringle to him and the pointed side of the tringle hit on his right foot. While running, I came forward to rescue him. Shimla Singh gave a blow with his dang to me which hit on the shin of my left leg. In the meanwhile, my son Raj Singh came while running to rescue us, Sewa Singh Kala gave a blow with his gandasi to Raj Singh which hit on the right side of his head. Deepa Singh gave a blow with his dang on the left leg of Raj Singh and he also fell down on the ground. I and my daughter-in-law Kanto w/o Jangir Singh raised raula (alarm) of "Marta, Marta". On hearing our raula, Mahesha Singh s/o Thakar Singh, Balbir Singh s/o Baggu Singh and other persons from the neighbourhood came towards us while running. On seeing them, the accused fled away with their respective weapons. In the meanwhile, my eldest son Puran Singh also came at the spot. I and Puran Singh ar