SARWAN SINGH RATTAN SINGH HARBANS SINGH BHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harbans Singh, Gurdial Singh and Sarwan Singh were charged in the Court of the learned Additional Sessions Judge at Ludhiana; with having committed an offence of murder punishable under S. 302, Penal Code. The case against them was that they, along with Banta Singh, the approver, had intentionally caused the death of Gurdev Singh by inflicting injuries on his person with kirpan, toki and dang on 23rd November 1955, within the limits of the village Sohian, police station Jagraon.

(2.) It would be convenient to state the prosecution case very briefly at the outset. Gurdev Singh, the victim of the assault, was the brother of accused 1. It appears that the father of the two brothers had left the village some years ago and is apparently no longer alive. Harbans Singh was a shirker and a waster and that made Gurdev Singh impatient. When Gurdev Singh tried to improve Harbans Singh, Harbans Singh resented Gurdev Singh's efforts and his irritation and annoyance had reached such a stage and extent that he began to plan his murder.

(3.) Harbans Singh returned to his village and raised a hue and cry. He complained that his brother had been carried away by a number of persons and he pretended that his brother's assailants were Darshan Singh, Jagat Singh, Gurnam Singh and Banta Singh of the village Pona. The villagers, however, found that Harbans Singh was not keen on joining them in rendering help to the victim or in pursuing his assailants.