JUDGEMENT
S.D.BAJAJ,J -
(1.) ONE Niranjan Singh of village Lamme, tehsil Jagraon, district Ludhiana, who was owning 23 Killas 5 Kanals of agricultural land in the village died issueless. Malkiat Singh deceased was his tenant on that land. After the death of Niranjan Singh, Mohinder Singh, Mukhtiar Singh and Gurnam of the same village sit up a Will from the deceased in their favour which was unregistered. Gurdev Singh and Baldev Singh sops of Sarwan Singh both residents of village Machhike who men related to the deceased as his brother's sons-in-law set up a registered Will of the same property in their favour. Malkiat Singh deceased supported the relation legatees, who had set up registered Will in their favour and thereby antogonised himself to Mohinder Singh and others of his own village.
(2.) TRIPLE murder of Mohinder Singh, Banta Singh and Gurnam Singh too., place in the village around 2 P. M. on August 15, 1981. Malkiat Singh now deceased along with two other persons named Sajjan Singh and Saudagar Singh was tried, convicted and sentenced for it. The deceased was released from custody and had returned to the village three months before the occurrence. Gurdev Singh and the deceased quarrled over a trifling on children's affair. Security proceedings were initiated by Gurdev Singh against Malkiat Singh now deceased. After furnishing, bail to the learned Executive Magistrate at Jagraon therein, Malkiat Singh deceased was returning to the village from Jagraon around 8.30 P. M. to on the date of occurrence.
The deceased was yet on the way to his own house and had hardly reached in front of the house of Sadhu Singh when his name sake Malkiat Singh son of Chet Singh armed with a Gandasi and Maghar Singh suon of Nikka Singh armed with a Kulhari (axe) engrossed him from the opposite side and catching bold of him from his long hair dragged him to the house of Gurdev Singh when Malkiat Singh accused raised, a lalkara that the deceased is out from jail let us finish him today. Maghar Singh then gave an axe blow to the deceased on the right side of his head and Melkiat Singh accused gave him a Gandasi blow on the back side of his head. After the deceased had fallen down on ground Maghar Singh gave another axe blow to the deceased on the right eye and Malkiat Singh gave him another Gandasi blow on the right side of his head.
(3.) SURJIT Singh, author of the First Information. Report, his brother Zora Singhs and Shrimati Mohinder Kaur wife of Surjit Singh are stated to be eye-witnesses of the occurrence. Deceased Malkiat Singh is alleged to have succumbed to the injuries on the spot.;
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