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2 of 19 (3) Criminal Appeal-D No.797-DB of 2010 kanal in our favour, as and when the same is required by us. Though we had requested my uncle Gurdip Singh several times to release possession of the said residential plot but he did not give possession. Today, I along with my brothers Jagdev Singh and Sukhwant Singh and Jaspal Singh son of Ajmer Singh, who is my maternal uncle, assembled in order to go to village Mahna Singh Wala to resolve the dispute. We went on tractor trolley make 'Eicher' bearing Registration No.RRK-4195 belonging to my maternal uncle Jaspal Singh. When we reached in the street in front of our 'Haveli' plot at about 11-11:30 A.M. then Gurdip Singh armed with a 'sabbal' (crowbar), Ranjit Singh armed with a 'dang' (stick), Binder Kaur empty handed, Tarsem Singh armed with a 'Gandasa', came running in the street along with two- three unidentified persons armed with 'dangs'. Binder Kaur raised 'lalkara' - "catch hold of them and teach them a lesson for getting possession of one kanal plot". Gurdip Singh gave a blow with 'sabbal' to Jaspal Singh on back of his neck upon which he fell on the ground. When my brother Jagdev Singh stepped forward, Tarsem gave a blow with 'gandasa' on his head on right side. When my brother Sukhwant Singh stepped forward to save them, then Ranjit gave a 'dang' blow hitting on the middle finger of his right hand. My brother Sukhwant Singh and Jagdev Singh were caused more injuries. When we raised alarm 'mar ditta - mar ditta', my father Surjit Singh and Amrik Singh came to the spot and thereafter assailants ran away with their respective 3 of 19 (4) Criminal Appeal-D No.797-DB of 2010 weapons. The cause of grudge is that our residential plot measuring one kanal was in possession of my uncle Gurdip Singh which we wanted to get released from him but he was not giving possession of the same. The accused, after conspiring with each other had caused injuries to us. After arranging for vehicles we took Jaspal Singh, Jagdev Singh and Sukhwant Singh to Civil Hospital, Ferozepur. However, Jaspal Singh succumbed to his injuries before reaching hospital. I have made my statement. Action be taken."

10. The accused in their defence examined DW-1 Dr. R.K.Singal who proved the MLR of Binder Kaur as Ex.DA, MLR in respect of Gurdip Singh as Ex.DC and MLR in respect of Ranjit Singh as Ex.DE.




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11. DW-2 Manpreet Kaur daughter of Gurdip Singh stated that her grand father Bhagwan Singh had transferred land situated at village Mahna Singh Wala in favour of his father by way of a Will and the land situated at Kamaggar in favour of his uncle Surjit Singh. She further stated that Surjit Singh etc., however, wanted to take forcible possession of plot measuring one kanal which had fallen to their share and that on the day of occurrence i.e. on 20.7.2003, Surjit Singh, Hardev Singh, Jagdev Singh and Sukhwant Singh along with 20-25 unidentified persons came on three tractor-trolleys loaded with bricks, brick-bats, sand, loose earth, sticks etc. and started hurling abuses and raising lalkaras and demolished their wall and entered their house forcibly. She further stated that her mother Binder Kaur came forward but was given blow with 'gandasa' by Hardev Singh on her head upon which she fell on the ground and then Surjit Singh gave a blow with 'dang' on her right shoulder. She further deposed that Jagdev Singh gave a blow with iron pipe on the back of her leg. She further stated that when her father Gurdip Singh and brother Ranjit Singh came forward to rescue her mother then Sukhwant Singh gave a blow with tractor handle towards her father but missed him and the blow hit Jaspal Singh on the back of his neck.

3. Complaint of pain on left side of head behind the left ear but no injury was seen. X-ray was advised.
20. PW-6 proved the MLR of Sukhwant Singh as Ex.PK. Both the aforesaid witnesses were cross-examined on behalf of the accused, but nothing substantial could be elicited during cross-examination so as to doubt the veracity of their statements or their opinion as regards cause of death or existence of injuries. In any case, we find that the occurrence is virtually admitted inasmuch as the accused Gurdip Singh and Ranjit Singh in their statements recorded under Section 313 Cr.P.C. have admitted that Gurdip Singh had given a blow with tractor handle towards Sukhwant Singh but somehow the blow missed Sukhwant Singh and hit Jaspal Singh. In these circumstances, the factum of existence of injuries cannot be doubted. As such, while it is held that Jaspal Singh died a homicidal death, Jagdev Singh and Sukhwant Singh had sustained injuries on their person.
21. While as per the complainant, it is the accused party, who had attacked them resulting in death of Jaspal Singh and injuries on person of Jagdev Singh and Sukhwant Singh, the accused party has taken a stand that in fact it is the 10 of 19 ( 11 ) Criminal Appeal-D No.797-DB of 2010 complainant Hardev Singh and others who were the aggressors and had caused injuries to the accused party and the accused party had acted in self-defence.