PARIPOORNAN - (1.) ACCUSED No. 1 Baldev Singh son of Roor Singh and ACCUSED No. 3 Roor Singh son of Khushal Singh in Case No. 49/84-Trial No. 39/84 of the Court of Shri M. L. Merchea, Judge, Special Court, Ferozepur have filed this appeal under Section 14 of the Terrorists Affected Areas (Special Courts) Act of 1984 (hereinafter referred to as 'Act') against their conviction and sentenced dated 3-1-1985. There were four accused in this case, ACCUSED No. 2 Sham Singh son of Roor Singh and ACCUSED No. 4 Shamsheer Singh son of Roor Singh were acquitted by the same judgment. The State has not filed any appeal against the acquittal of accused Nos. 2 and 4.
(2.) THE deceased No. 1, Balbir Singh and deceased No. 2 Amrik Singh and accused Nos. 1 to 4 are near relations. THE following chart will help to understand the relationship of the parties inter se : JUDGEMENT_593_6_1995Image1.jpg THE Court below, by its judgment dated 3-1-1985, convicted Accused Nos. 1 and 3 under Section 302 read with Section 34 of the Indian Penal Code for committing the murder of Balbir Singh, Baldev Singh, accused No. 1 was convicted under Section 302 of the Indian Penal Code for committing the murder of Amrik Singh, deceased No. 2 and under Section 25 of the Arms Act for being in possession of the Barchha without licence. It is against the said conviction and sentence the accused have filed this appeal under the Act. The prosecution alleged that accused Nos. 1 to 4 committed the murder of Amrik Singh and Balbir Singh, deceased Nos. 1 and 2. The prosecution case is as follows:- Balbir Singh was in Aalli village cultivating the land of the Government. About 3 years prior to the incident he shifted to village Saddushahwala and took 2 1/2 kilas belonging to his father Roor Singh for cultivation. Father Roor Singh wanted the land in village Aalli from Balbir Singh in lieu of the lands taken over by Balbir Singh. Balbir Singh did not consent to this. On 4-5-1984 at about 8 P.M. Balbir Singh, his son Avtar Singh (PW-6), Daya Singh and Dalip Kaur, widow of Balbir Singh (PW-5), were working in the field collecting bundles of the wheat stacks. When they reached near the field of Roor Singh, Roor Singh armed with Kirpan, Baldev Singh and Shamsheer Singh armed with Barchhas and Sham Singh with a pistol came there. Roor Singh raised lalkara stating that Balbir Singh should not be spared. Sham Singh fired from the pistol aiming at Balbir Singh. But Balbir Singh was not hit. Balbir Singh laid himself on the ground to save himself from the firing. Bundles of wheat-stacks fell on him. Baldev Singh gave barchha blow on the thigh of Balbir Singh, Shamsheer Singh gave brachha thrust in the chest of Balbir Singh. Roor Singh gave kirpan blow in the chest of Balbir Singh. All the accused gave further injuries to Balbir Singh. Amrik Singh, deceased, who was in the nearby field, having heard the alarm, reached the spot and tried to intervene. Baldev Singh gave barchha thrust in the thigh of Amrik Singh. Thereafter the accused ran away with their respective weapons. Balbir Singh died at the spot. Dalip Kaur (PW-5), widow accompanied by one Sher Singh went to Police Station Mallanwala and gave the F.I.R. (Ex.P-7) at 10.20 P.M. A case was registered under Section 302 read with Section 34 of Indian Penal Code and Section 25 of the Arms Act, against the accused. On the other hand, Amrik Singh reached the Rural Dispensary, Mallanwala at 9 A.M. the next day. PW-2, Dr. Raja Singh, Doctor, Rural Dispensary, Mallanwala, examined him at 9.45 A.M. In the meanwhile, PW-10, Rattan Singh, Station House Officer, Police Station, Mallanwala proceeded to the spot, found the dead-body of Balbir Singh with multiple injuries lying in the field of Roor Singh, the accused with Daya Singh and Avtar Singh (PW-6) guarding the dead-body. Ex. P-24 inquest report was prepared. Dead body was despatched for post-mortem examination through Ex. P-24/A. Rough site-plan P-6/A was prepared. The shoes of Balbir Singh P/O-8 were collected from the spot under seizure memo Ex. P-25. Blood stained earth was collected under seizure memo Ex. P-26. Three stacks of a wheats were secured under seizure memo Ex. P-75. Thereafter, in the evening PW-10, Rattan Singh, reached the hospital and made inquiries about Amrik Singh, PW-2, Dr. Raja Singh, opined that Amrik Singh was fit to make a statement. Thereafter, PW-10, Rattan Singh, recorded the statement of Amrik Singh Ex. P-28. Amrik Singh produced his blood-stained shirt and kachha which were taken possession of under Ex. P-29. Pw-1 Dr. Jaspal Singh performed the post-mortem on the dead-body of Balbir Singh on 5-5-1984. The post-mortem revealed the following 7 injuries; "1. Incised would 5 cms. x 2 cms. on the front of the left chest in upper part 3 cms. above the nipple with blood clots. On dissection the underlying rib was found cut and left thoracic cavity full of clotted blood. Lower part of the heart stood punctured through and through. The lower part of the lung also lay injured. 2. Incised wound 9 cms. x 3 cms. front and upper part of the right thigh, oblique in direction with blood clots. On dissection the underlying major blood vessels were found completely cut and subcutaneous congested. 3. Incised wound 9 cms. x 3 cms. at the outer and upper part of the right thing with blood clots. On dissection subcutaneous tissues were found congested. 4. Incised wound 5 cms. x 2 cms. at the middle of the right thigh with blood clots and subcutaneous tissues congested and soft tissues cut.
(3.) INCISED would 1-1/2 cms. x 1/2 cm. at the middle of the right buttock subcutaneous tissues congested. Incised wound 1-1/2 cms. x 1/2 cms. at the outer and upper part of the left thigh near iliac crest with blood clots.;