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The FIR (Ex.PO/2) was registered on the statement of the complainant Bharpur Singh son of Sant Ram, resident of village Bhanbauri, Police Station Dhuri (PW-4). It is alleged by the complainant (PW-4) that he does labour work. Jora Singh (deceased), his younger brother was a Chowkidar of village Bhanbauri and being Chowkidar of the village, he fixed duties of the villagers for 'Thikri Pehra' (voluntary night patrol watchman duties by the villagers) as per their turn. On 28.9.2001 after deputing Jagdev Singh (appellant No.1) on 'Thikri Pehra', Jora Singh was returning to their house. When he reached near the house of Bhage, at that time the complainant (Bharpur Singh-PW-4) was standing near the house of Piara Singh. It was about 8.30 p.m. Then Jang Singh (since acquitted) son of appellant No.1 - Jagdev Singh armed with a 'soti'; Bitta Singh (Baljinder Singh - appellant No.3) son of Jagdev Singh (appellant No.3) armed with a 'gandasa'; Kukna (Ranjit Singh - appellant No.4) son of Jagdev Singh armed with a 'gandasa'; Jagdev Singh (appellant No.1) armed with a 'gandasa'; Pritam Singh (appellant No.2) armed with a 'gandasa'; Ajaib Singh (who has since undergone his sentence) armed with a 'soti'; Jarnail Singh son of Lal Singh armed with a 'soti' all residents of village Bhanbauri at once came out of the house of Ajaib Singh (who has undergone his sentence). Jang Singh raised a 'lalkara' that Jora Singh (deceased) had not fixed their night duty as per their turn and they would teach him a lesson for the same. On hearing the commotion, Paramjit Singh (petitioner No.2 in the revision petition) son of Gurmail Singh nephew of the complainant (PW-4) and Surender Kaur (petitioner No.1 in the revision petition) daughter of the complainant also came at the spot. Then Jang Singh stated as to what were they seeing. On saying this, Jagdev Singh (appellant No.1) inflicted a 'gandasa' blow on the head of Jora Singh (deceased) and inflicted another 'gandasa' blow from its reverse side on his head and he fell down. Jarnail Singh (since acquitted) inflicted a 'soti' blow hitting on the left hand of Jora Singh (deceased) and another 'soti' blow hitting on his right leg. Paramjit Singh, nephew of the complainant (Bharpur Singh-PW-4) came forward to rescue Jora Singh. Then Pritam Singh (appellant No.2) inflicted a reverse 'gandasa' blow on the head of Paramjit Singh. The complainant Bharpur Singh (PW-4) and his daughter Surender Kaur came ahead to save Paramjit Singh and then Bitta Singh (Baljinder Singh - appellant No.3) gave a 'gandasa' blow which hit near the right eye of Surinder Kaur. The complainant while standing near them raised an alarm of 'na maro na maro', else he would die. Then Kukna (Ranjit Singh

8) arrested Tavinder Singh alias Jang Singh, Baljinder Singh (appellant No.3) and Ranjit Singh (appellant No.4). Personal search memo (Ex.PGG) of Tavinder Singh alias Jang Singh was prepared which was signed by him and attested by witnesses. A 'Soti' (Ex.P-9) was recovered from him and taken in possession vide memo (Ex.PHH) which was attested by the said PWs. Personal search memo (Ex.PJJ) of Baljinder Singh (appellant No.3) was prepared which was signed by him and attested by said PWs Constable Nirmal Singh and Constable Harjinder Singh. Memo of arrest (Ex.PKK) of Baljinder Singh (appellant No.3) and Ranjit Singh (appellant No.4) were prepared which were signed by them and attested by Nirmal Singh and Karnail Singh witnesses who were with the police party. On that very day, a 'gandasa' (Ex.P-10) was recovered from Baljinder Singh (appellant No.3) and its sketch (Ex.PLL) was prepared. It was attested by the PWs. It was taken in possession vide recovery memo (Ex.PMM) which was attested by the witnesses. Personal search memo (Ex.PNN) of Ranjit Singh (appellant No.4) was prepared which was signed by him and attested by the witnesses. A 'gandasa' (Ex.P-11) was recovered from him and its sketch (Ex.POO) was prepared. It was taken in possession vide memo (Ex.PPP) after making a parcel of it. On 07.10.2001, Pritam Singh (appellant No.2) made a disclosure statement that he had concealed a 'gandasa' in the chaff room on the rear side of his residential house of which he had exclusive knowledge and he could get the same recovered. His disclosure statement (Ex.PQQ) was recorded which was signed by him and attested by Constable Nirmal Singh and Gurbhajan Singh ASI. In pursuance of the said disclosure statement, Pritam Singh (appellant No.2) from the place disclosed by him got recovered a 'gandasa' (Ex.P-12). Its sketch (Ex.PRR) was prepared which was attested by the witnesses and it was taken in possession vide memo (Ex.PSS). Site plan (Ex.PTT) of the place of recovery was prepared. Joginder Singh SI/SHO (PW-8) recorded the statements of witnesses. Memo of arrest (Ex.PUU) of Tavinder Singh alias Jang Singh was earlier prepared on 05.10.2001. The case property was deposited on the dates of recovery with the MHC with their seals intact. Statements of other witnesses were recorded on different dates. Scaled site plan was got prepared from Gurnam Singh Draftsman. On completion of investigation, police report (challan) was filed by Joginder Singh SI/SHO (PW-8) in the Court of the Sub-Divisional Judicial Magistrate, Dhuri on 15.12.2001. The learned Magistrate in view of the offence under Section 302 IPC being alleged, which was exclusively triable by the Court of Sessions on 15.12.2001 committed the case to the said Court for trial.

The FIR in the case was registered on the statement of Bharpur Singh (PW-4). He initially appeared before the learned trial Court as PW-1. He in his initial deposition in Court recorded on 13.05.2002 when he appeared as PW-1 stated that Jora Singh (deceased), his younger brother was a Chowkidar of the village. Because of his functioning as a Chowkidar in the village, he used to depute residents of the village on night patrol. On 28.9.2001 Jora Singh (deceased), younger brother of Bharpur Singh, had gone to the house of Jagdev Singh (appellant No.1) for deputing him for night patrol duty in the village. When he (Jora Singh) reached near the house of Bhag Singh it was about 8.30 p.m. Bharpur Singh (PW1) was standing near the house of Piara Singh at that time and he saw that seven persons had come out of the house of Ajaib Singh (who has undergone his sentence). They were Jang Singh (since acquitted) son of Jagdev Singh (appellant No.1) armed with a 'soti'; Jagdev Singh (appellant No.1) armed with a 'gandasa', Pritam Singh (appellant No.2) armed with a 'gandasa', Bitta Singh (Baljinder Singh-appellant No.3) armed with a 'gandasa', Kukna (Ranjit Singh - appellant No.4) armed with a 'gandasa', Ajaib Singh armed with a 'soti' who were all present in Court and seventh Jarnail Singh (who was not sent up for trial but summoned in terms of Section 319 Cr.P.C. vide order dated 01.10.2002 and thereafter acquitted) armed with a 'soti'. Jang Singh (since acquitted) raised a 'lalkara' that brother of the complainant Bharpur Singh (PW1) be taught a lesson for deputing them for 'Thikri Pehra' (night patrol). Paramjit Singh (PW-6), nephew of the complainant (Bharpur Singh) and Surinder Kaur (PW-7) daughter of the complainant also came at the spot. Jagdev Singh (appellant No.1) then inflicted 'gandasa' blow from the sharp side on the head of Jora Singh, brother of Bharpur Singh (PW-1) and another blow with 'gandasa' on the head from its blunt side. Jora Singh fell on the ground on receiving the injuries. While Jora Singh lay on the ground, Jarnail Singh (the seventh accused) inflicted injuries with 'soti' on the left hand and another blow on his right leg. Paramjit Singh, nephew of the complainant Bharpur Singh (PW-1) intervened to save Jora Singh and Pritam Singh (appellant No.2) inflicted a 'gandasa' blow from its blunt side on his (Paramjit Singh's) head. Surinder Kaur (PW-7), daughter of the complainant (PW-1) also intervened to save Paramjit Singh and Bitta Singh (Baljinder Singh - appellant No.3) inflicted a 'gandasa' blow from its sharp side on the right side of forehead near the eyebrow. Bharpur Singh (PW-1) then raised an alarm and also tried to intervene. Kukna (Ranjit Singh - appellant No.4) aimed a 'gandasa' blow on the head of Bharpur Singh (PW-1), complainant and he raised his left hand and the blow hit him on the left elbow from its sharp side. Ajaib Singh (who has undergone his sentence) inflicted a 'soti' blow on the head of Bharpur Singh (PW-1). They raised an alarm and many persons came there and the accused ran away with their respective weapons. The injuries were inflicted by the accused in order to kill them. They were empty handed and did not cause any injury on the person of the accused. Sher Singh, Lambardar arranged a vehicle and they were taken to hospital at Dhuri. They were admitted in the hospital and were medically treated. They had seen the accused from the electric light from bulbs installed outside the houses. The 'Thanedar' came at the hospital and recorded statement (Ex.PA) of Bharpur Singh, complainant (PW-1) which was read over to him and explained to him who signed the same after admitting it to be correct. Jora Singh, brother of the complainant died on 29.9.2001 in the evening. At the said stage of recording the evidence, the learned Public Prosecutor moved an application under Section 319 CrPC for summoning Jarnail Singh as an additional accused in the case. Bharpur Singh as PW-1 was cross-examined by the other accused on 26.08.2002. Learned counsel for the accused stated that his cross-examination of Bharpur Singh (PW-1) be considered subject to result of decision of application under Section 319 Cr.P.C. The application under Section 319 Cr.P.C. was allowed by the learned trial Court vide order dated 01.10.2002 and the seventh accused namely Jarnail Singh was summoned. Bharpur Singh (PW-1) was then again examined as PW-4 on 18.08.2003 in which he stated that his younger brother Jora Singh was Chowkidar of village Banbohri. In those days, in accordance with the order of Deputy Commissioner he used to depute persons for performing 'Thikri Pehra' (night patrol). On 28.9.2001 Jora Singh had gone to the house of Jagdev Singh (appellant No.1) in connection with 'Thikri Pehra' (night patrol). Jora Singh was standing in front of the house of Jagdev Singh where Jang Singh (since acquitted) came out of the house and raised a 'lalkara' that he be taught a lesson for fixing wrong 'pehra' (watch duties). It is stated by Bharpur Singh (PW-4) that he was alone there and no other person was present there. At the said stage it was brought to the notice of the Court that the accused Jagdev Singh (appellant No.1), Ranjit Singh (appellant No.4) and Baljinder Singh (appellant No.3) had not been produced by the jail authorities. The examination of the witnesses (Bharpur Singh PW-4) was deferred till their appearance. On further examination it is stated by Bharpur Singh (PW-4) that when Jang Singh (since acquitted) raised a 'lalkara', six persons came out of the house of Ajaib Singh (who has undergone his sentence). These were Jagdev Singh (appellant No.1), Ajaib Singh, Bitta Singh (Baljinder Singh - appellant No.3), Kukna (Ranjit Singh - appellant No.4), Jarnail Singh (since acquitted) and Pritam Singh (appellant No.2). All of them were then present in Court. According to Bharpur Singh (PW-4), Jagdev Singh (appellant No.1) inflicted a 'gandasa' blow from its sharp side on the head of Jora Singh and another blow was inflicted from its blunt side on the head of Jora Singh who fell down. While Jora Singh was lying on the ground Jarnail Singh (since acquitted) gave a 'soti' blow on his left hand and right leg. When Paramjit Singh (nephew of the complainant) tried to rescue Jora Singh, Pritam Singh (appellant No.2) inflicted a 'gandasa' blow from its blunt side on his head. Then Surinder Kaur (PW-7) (daughter of the complainant) came forward and Bitta Singh (Baljinder Singh - appellant No.3) inflicted a 'gandasa' blow from its sharp side on the right eye of his daughter. Bharpur Singh (PW-4) then raised an alarm to save them. Kukna (Ranjit Singh - appellant No.4) inflicted a 'gandasa' blow from its right side on his left elbow and Ajaib Singh (who has undergone his sentence) inflicted a 'soti' blow on his right hand. The accused then ran away with their weapons. Sher Singh, Lambardar got them admitted in the Civil Hospital, Dhuri. The doctor referred Jora Singh (deceased) to Rajendra Hospital, Patiala where he died on 29.9.2001. Statement (Ex.PO) of Bharpur Singh (PW-4) complainant was recorded by the police which he signed. Bharpur Singh (PW-4) was cross- examined. The cross-examination of Bharpur Singh (PW-6) was in fact conducted on 26.08.2002, when he appeared as PW-1. It is stated that the house of accused of Jarnail Singh (since acquitted) is on Dhuri road. It is voluntarily stated that in fact he has two houses one is on the road as stated by him earlier and the other was near their house at a distance of about 30-35 yards from his house. The house of the accused which was on Dhuri road is at a distance of about 100 yards from the village. Jarnail Singh accused has a brother namely Jeeti. He was living in Jarnail Singh's house which was situated on Dhuri road. No cross-examination of Bharpur Singh (PW-4) was conducted on 18.08.2003. His cross-examination was deferred on the request of his learned counsel who it was stated was busy in Sessions Court. On 18.08.2003, the case was adjourned to 10.09.2003. Bharpur Singh (PW-4), Paramjit Singh and Surinder Kaur were present but counsel for the accused requested for an adjournment on the ground that they had to conduct another Sessions trial. PWs were bound down for 07.10.2003. On the said date, the term of appointment of learned Judge, Fast Track Court had expired and no Presiding Officer had joined. The case was, therefore, adjourned to 18.11.2003. Then it was adjourned from time to time as no Presiding Officer has joined. Thereafter the Presiding Officer was on leave on 09.12.2003, 24.12.2003, 09.02.2004 and 08.03.2004. The case was then received by transfer before another Sessions Judge on 17.05.2004 and thereafter examination of PWs were conducted. However, from the record it transpires that Bharpur Singh (PW-4) was not cross-examined thereafter and neither does the defence raises any plea regarding his not being subjected to cross- examination.

Surinder Kaur (PW-7), daughter of Bharpur Singh (PW-4) complainant was examined in chief on 17.05.2004. She stated that her father's younger brother (Chacha) Jora Singh was a 'Chowkidar'. Being a 'Chowkidar' he used to depute people on 'Thikri Pehra' (night patrol). On 28.9.2001 Jora Singh returned after deputing Jagdev Singh-accused (appellant No.1) for 'Thikri Pehra' (night patrol). When he reached near the house of Bhag Singh; at that time her father Bharpur Singh (PW-4) was standing near the house of Piara Singh. It was about 8.30 p.m. Surinder Kaur (PW-7) along with her brother Paramjit Singh (PW-6) also came there. Then the accused Jagdev Singh (appellant No.1) armed with a 'gandasa', Pritam Singh (appellant No.2) armed with a 'gandasa', Kukna (Ranjit Singh- appellant No.4) armed with a 'gandasi', Bitta Singh (Baljinder Singh - appellant No.3) armed with a 'gandasa', Ajaib Singh (since acquitted) armed with a 'soti', Jarnail Singh (since acquitted) armed with a 'soti' and Jang Singh (since acquitted) armed with a 'soti' came there. Then Jang Singh raised a 'lalkara' asking her uncle Jora Singh that he was not deputing them for 'Thikri Pehra' (night patrol) properly and he be given a lesson for deputing them wrongly. Jang Singh (since acquitted) instigated his co- accused saying that; 'what were they now seeing'. Then Jagdev Singh (appellant No.1) inflicted a 'gandasa' blow on the head of Jora Singh from its sharp side and another blow from its reverse side on his head. Jora Singh fell down. While he lay on the ground, Jora Singh was given two 'soti' blows by Jarnail Singh hitting him on his left hand and right leg. Then Paramjit Singh (PW-6), her brother came forward to save Jora Singh. Pritam Singh (appellant No.2) inflicted a 'gandasa' blow from its reverse side hitting her brother Paramjit Singh (PW-6) on his head. Then she (PW-7) tried to save her brother Paramjit Singh (PW-6) on which Bitta (Baljinder Singh- appellant No.3) gave a 'gandasa' blow on her right eye. Then her father Bharpur Singh (PW-1) continuously raised an alarm of 'na maro, na maro' on which Kukna (Ranjit Singh - appellant No.4) inflicted a 'gandasa' blow hitting her father Bharpur Singh (PW-1) on his left elbow and Ajaib Singh (undergone his sentence) gave a 'soti' blow hitting her father on his right hand. After they were inflicted with injuries, then the accused ran away along with their respective weapons. Sher Singh, Lambardar of their village took them to Civil Hospital, Dhuri and got them admitted there where they were medically treated. Her statement was recorded by the police. In the cross-examination on 07.07.2004 and then on 06.10.2004 she inter alia stated that except the 'Thikri Pehra' (night patrol) there was no dispute between the accused party and Jora Singh (deceased). The talk regarding 'Thikri Pehra' (night patrol) duties did not take place in her presence. It is also stated as correct that on the turning of the street, the house of Bhag Singh falls on the front side and then the house of Jagdev Singh (appellant No.1) on his right side. Her uncle Jora Singh (deceased) left the house about 10 minutes before the occurrence and the occurrence took place at around 8.30 p.m. The place of occurrence, it is stated, is in front of the house of Bhag Singh.