MOHINDER SINGH S O INDER SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the High Court of Punjab upholding the conviction of the appellant, Mohinder Singh, under Ss. 302 and 307 read with S. 34, Penal Code, and confirming the sentence of death passed against him by the Sessions Judge of Ferozepore.

(2.) The case for the prosecution which has been substantially accepted by the trial Judge and the High Court is briefly as follows. Sometime in January, 1949, one Bachittar Singh brother of Dalip Singh who is said to have been murdered, lodged a complaint before the Naib Tehsildar at Zira to the effect that a tree belonging to him had been cut by 7 persons, including Mohinder Singh, the appellant. On 28-3-1940 which was the date fixed for hearing of the case before the Naib Tehsildar, Jita Singh and Dalip Singh, the two brothers of Bachittar Singh, were attacked by the appellant and one Gurnam Singh, a lad of 17, near a Gurdwara at about mid-day, when they were returning from their field. Jita Singh was then carrying a load of fodder on his head while Dalip Singh had sickles in his hand. Jita Singh was the first to be attacked near a tailor's shop by Mohinder Singh who fired at him from behind hitting him on the neck whereupon he fell down together with the bundle of fodder. Dalip Singh, who was following Jita Singh, then ran backwards and he was chased by Gurnam Singh round the outer boundary of a tank which was close-by. Mohinder Singh ran on the other side of the tank in the opposite direction and confronted him and shot him with a gun on the chest whereupon he fell down. Meanwhile Gurnam Singh had also reached the spot and he fired with his rifle from a distance of about 4 or 5 feet near about Dalip Singh's ear while he was lying sideways. The injuries proved fatal and Dalip Singh died on the spot.

(3.) The same day at 3 p.m. Jita Singh went to the police station at Dharamkot, which is at a distance of 3 miles from village Augur, where the occurrence had taken place, and lodged a first information report, charging Mohindar Singh with having caused injury to him, and Mohindar Singh and Gurnam Singh with the murder of Dalip Singh and the police after investigating the case sent up a charge-sheet against the two accused persons. Thereafter they were tried by the Sessions Judge of Ferozepore under Ss. 302 and 307 read with S. 34, Penal Code. The appellant was sentenced to death under S. 302 and Gurnam Singh was sentenced to transportation for life under that section in view of his youth. They were also sentenced to 3 years' rigorous imprisonment each under S. 307 read with S. 34, Penal Code.