HARCHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Bhatinda, dated 7/11/1992, whereby Harchand Singh and Darshan Singh accused were convicted u/S. 302/34, IPC and each of them was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000.00 each. In default of payment of fine, they were further directed to undergo rigorous imprisonment for three months whereas Gurcharan Singh their co-accused was acquitted of the charge. The state has however not filed any appeal against his acquittal.

(2.) In brief facts of the prosecution case as emerge from the first information report recorded on the statement of Sukhpal Singh are that his father Jagjit Singh (since deceased) had a licensed single barrel gun and used to work as gunman for Comrade Bakhtaur Singh of his village, whereas, Devi Dayal was the second gunman, who was deputed for the safety of Bakhtaur Singh aforesaid. For, this purpose his father used to keep his single barrel licensed gun with him. On 14-5-1990, at about 10 p.m. they were taking wheat chaff in their Eicher Tractor-trolley from their field for storing the same in the store of Cooperative Society which has been abandoned by the said society. Jagjit Singh was the Vide-President of the said society and the store was under his possession. That store adjoins the house of Harchand Singh accused, who stopped the complainant party from storing the wheat chaff in that store as he himself wanted to use that store. On 14-5-1990 at about 10-30/11 p.m. Sukhpal Singh, first informant along with his brother Gurpal Singh accompanied by Jagjit Singh and Devi Dayal aforesaid were taking their wheat chaff in their tractor-trolley towards the building of the aforesaid Cooperative Store. As they reached near the building of the Co-operative Store, Harchand Singh accused armed with a spear (Barchha) and his two sons Gurcharan Singh armed with an iron kundi and Darshan Singh armed with a Gandasa came out from their hiding place behind the wall of nearby Janj-ghar. Immediately thereafter Sukhphal Singh complainant party stopped the tractor-trolley and Jagjit Singh who was carrying his empty gun with him came down and placed his gun on the mud-guard of the tractor. Then Darshan Singh accused raised lalkara that the accused would not permit the complainant party to store wheat chaff in the building of the Co-operative store. Immediately thereafter Darshan Singh accused opened the attack and gave two gandasa blows on the head of Jagjit Singh from its sharp side. As a result thereof Jagjit Singh fell down on the ground. After Jagjit Singh had fallen on the ground Harchand Singh accused gave blows with spear one on the right thigh and other two blows on the left buttock. The complainant and the said eye-witnesses raised alarm, hearing which Darshan Singh accused reported that the accused would also deal with them. As the aforesaid eye witnesses were empty handed they ran backwards, whereas Gurcharan Singh accused gave blows with an iron kundi on the buttock and back of Jagjit Singh. Darshan Singh accused then gave 5 or 6 blows with gandasa from its reverse side on the scapular region, both the flanks and on the left eye of Jagjit Singh, Meanwhile, Sukhpal Singh who had taken shelter behind the heap of turi witnessed the occurrence in the lights of the tractor engine which were still on. Sukhpal Singh and other witnesses again raised alarm hearing which all the accused ran away from the spot. Before fleeing from the spot Gurcharan Singh accused picked up the gun of Jagjit Singh from the mud-guard of the tractor and after loading it fired a shot towards the main door of his house. Thereafter, all the three accused went back to their house along with their respective weapons and they also took the gun of Jagjit Singh with them. After about half an hour all the three accused left their house on their tractor. Gurpal Singh and Devi Dayal were sent by the first informant to inform the Panchayat. Sukhpal Singh PW came out of his place of hiding and saw that his father Jagjit Singh had already died due to the injuries received by him. After some time Jaswant Singh Sarpanch and Comrade Bakhtaur Singh reached the spot along with Gurpal Singh and Devi Dayal. Sukhpal Singh PW narrated the entire occurrence to them, and then he along with Bakhtaur Singh left for the Police Station on their tractor to lodge the report, leaving Gurpal Singh and Devi Dayal at the spot to guard the deadbody. Due to non-availability of fuel, they could not lodge the report with the police immediately. They reached the police station at 4 a.m. on the next morning of the occurrence. The special report sent in this case was received by the Ilaqa Magistrate at Bhatinda at 6-30 a.m. on 15-5-1990. Inspector Manohar Singh accompanied by other police officials then went to the spot, inspected the same, prepared the inquest report and sent the dead-body for post-mortem examination. He also lifted blood stained earth from near the spot, recorded the statement of the P.Ws. After the arrest of the accused and on completion of the investigation Harchand Singh accused and his two sons Darshan Singh and Gurcharan Singh were challaned and tried. Harchand Singh and Darshan Singh were convicted and sentenced whereas Gurcharan Singh accused was acquitted by the trial court, as stated earlier.

(3.) Learned counsel for the parties were heard and with their help we have scrutinized the record.