AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment we are disposing of three appeals bearing No. 235-DB of 1994, 238-DB of 1994, 245-DB of 1994, one Revision Petition bearing No. 294 of 1995 and Cri. Writ Petition No. 130 of 1995. Cri. Appeal NAo. 235 of 1994 has been preferred by appellant Amarjit Singh, Cri. Appeal 245 of 1994 has been preferred by appellant Ravail Singh and Cri. Appeal No. 238 of 1994 has been preferred by appellants Jasbir Singh and Preet Mahinder Singh against judgment dated 11-5-1994 passed by learned Sessions Judge, Paliala. All these appellants have been convicted for the commission of murders of Trilochan Singh and Inderjit Singh under Section 302 read with Section 34, IPC and have been sentenced to undergo life imprisonment and to pay fine of Rs. 1000.00 each (in default of payment of fine they shall further undergo RI for a period of two years ). The said appellants have further been convicted under Section 307 read with Section 34, IPC for committing murderous assault on the person of Harmohinder Singh and have been sentenced to undergo RI for a period of seven years and to pay fine of Rs. 5007- each (in default of payment of fine, each of them shall further undergo RI for a period of one year ). They have also been convicted under Section 384 read with Section 34, IPC and have been further sentenced to undergo RI for a period of one year. However, the substantive sentences under Section 384/34, IPC and under Section 307/34 IPC were ordered to run concurrently with life imprisonment.

(2.) CRI . Writ Petition No. 130/1995 has been filed by appellant Amarjit Singh Under Article 226/227/14/21 of the Constitution of India and in this writ petition the prayer has been made for setting aside the order dated 11-5-1994 (Annexure P-1 to the writ petition) order dated 27- 41994 (Annexure P-2) passed by the learned Sessions Judge, Patiala in the main Sessions case and order dated 26-5-1994 (Annexure P-3 to the writ petition) passed by the learned single Judge of this Court in Cri. Misc. 7254-M of 1994.

(3.) BRIEFLY stated the prosecution case is that appellant Ravaii Singh and Man Singh are real brothers and there was enmity between Ravaii Singh and his sons on the one side and Man Singh and his sons on the other side. The cause of the dispute is with regard to house No. 128/8. Mohalia Purbian, Patiala a part of which was in occupation of a tenant namely Amrit Lai and the remaining part was in possession of Man Singh and his sons. It is also alleged that Ravail Singh and his sons had tried to take forcible possession of this house on January 14, 1990 and complaint was lodged with the police by Man Singh. Pursuant to this complaint, proceedings under Section 107/151, Cr. P. C. were initiated by the police against Ravail Singh and his sons. a civil suit with regard to this house is also stated to be pending in the Civil Court. As per prosecution, on 21-2-1990 at about 9. 30p. m. Ravail Singh and his five sons, namely, Amarjit Singh, Preet Mahinder Singh, Jasbir Singh (all appellants herein), Gurvinder Singh alias Timma and Surinder Singh alias Bitt constituted an unlawful assembly outside the house belonging to Man Singh and his sons with common intention to commit the murders of Man Singh and his sons. Ravail Singh was armed with mini Kripan, Amarjit Singh was also armed with mini Kripan, Preet Mahinder Singh alias Pappu was armed with mini kripan, Jasbir Singh alias Kalla was armed with a daggar, Surinder Singh alias Bittu was armed with a daggar and Gurvinder Singh alias Timma was armed with a small kripan. it is further alleged that Ravail Singh and his sons knocked at the door of the room in which Flour Mill was installed and thereafter two sons of Man Singh, namely, Trilochan Singh and Inderjit Singh who were sitting inside after having their meals along with the other members of the family, came out of the house and they were attacked by Ravail Singh and his sons with their respective weapons, Hearing the Shrieks of Inderjit Singh and Trilochan Singh, two other sons of Man Singh namely Gurmohan Singh (PW-8) and Harmahinder Singh (PW-7) came out in order to rescue their brothers Trilochan Singh and Inderjit Singh and they saw that Ravail Singh and his sons were causing injuries with their respective weapons to their brothers Trilochan Singh and Inderjit Singh and both these brothers fell on the ground as a result of the injuries inflicted on them. Harmahinder Singh was also captured by Ravail Singh and his sons and he also received multiple injuries. In the meanwhile their father Man Singh came out with his gun and he fired 2/3 shots in the air, as a result of which Ravail Singh and his sons fled away from the scene. While fleeing, Jasbir Singh alias Kala snatched the gun from Man Singh. Thereafter Gurmohan Singh (PW-8) took his three brothers Trilochan Singh, Inderjit Singh and Harmahinder Singh to the Rajindera Hospital, Patiala. He reached in the hospital at 10. 00 p. m. There Trilochan Singh and Inderjit Singh were declared dead and Harmahinder Singh was admitted in the hospital for treatment.