JARNAIL SINGH MOHNI Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals have been filed on behalf of five accused persons, who have been convicted under S.302 read with S. 149 of the Penal Code for committing murder of Gurbux Singh and Wasava Singh and have been sentenced to undergo rigorous imprisonments for life. They have also been convicted under S. 148 of the Penal Code and have been sentenced to undergo rigorous imprisonment for one year.

(2.) It is the case of the prosecution that Rulwant Kaur, the daughter of Gurbux Singh (deceased) and Raghbir Singh, son of Jarnail Singh, one of the accused fell in love with each other. As the marriage could not materialise due to opposition, two months prior to the date of occurrence, both of them committed suicide. It is said that accused Jarnail Singh and his four sons who are the other four accused had a grudge against Gurbux Singh that the later was responsible for the death of Raghbir Singh aforesaid.

(3.) On 25-1974 before noon Gurbux Singh, his elder brother Wasava Singh along with Surjit Kaur (P.W. 4) the wife of Gurbux Singh, Sukbwant Kaur (P.W. 5) the daughter of Gurbux Singh, and Surinder Singh (P.W. 6) son-in-law of Gurbux Singh were returning to their village from Sirsa in a bullock-cart after selling green fodder and making some purchases in the market. On the way they saw from the opposite side the five accused coming in a truck which stopped in front of the bullock-cart. All the five accused persons got down from the truck and raised a Lalkara "DUSHMANO KO JAN SE MAR DO JANE NA PAYEN" Accused Karma was armed with a Gandasa whereas his three brothers and Jarnail Singh were armed with lathis. Seeing the accused persons Gurbux Singh and his brother Wasava Singh got down from the bullock-cart and started running away. They were chased and the accused persons assaulted both of them with their respective weapons. Ultimately they fell down. The accused persons then raised an alarm "BAHANCHOD BACH NA JAWEN TRUCK BHE UPAR PHER DO". Thereafter, all the five accused persons boarded the truck. Accused Mohani sat at the steering wheel and drove the truck over the bodies of two victims Gurbux Singh and Wasava Singh. After the accused persons left Surjit Kaur (P.W. 4, her daughter (P.W. 5) and son-in-law (P.W. 6) went near the victims and found them dead.