PIARASINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In Sessions Case No. 51 of 1967, one Banta Singh, appellants thakur Singh and Piara Singh, one Shera Singh and Niranjan Singh were charged under Section 120-B, Section 302, read with S. 120-B, 34 and section 109 and Section 307, read with S. 120-B and 34 of the Penal code for having entered into a conspiracy along with the approver Shubag singh and one Akali, since absconding, to cause the death of witness Chainchal Singh and of having caused, in pursuance thereof, the murder of Tirath singh and Jaswant Singh and injuries to witnesses Menhga Singh and Sakhi chand with such intention and in such circumstances that if by that act those two witnesses had died they would have been guilty of murder. The incident in question took place at about 6.45 p. m. on 19/12/1966, just outside the village' Mukhumajra when the deceased Jaswant Singh, witnesses Mehnga singh and Sakhi Chand and some others were going in a jeep driven by the deceased Tirath Singh and when appellant Piara Singh and the said Akali fired gunshots at them killing the said two deceased and injuring the said two witnesses. The Sessions Judge convicted the two appellants 'and the said banta Singh under S. 302 and 307, both read with S. 120-B, 34 and 109 in respect of the death of the said Tirath Singh and Jaswant Singh and in respect of the gunshot injuries suffered by Mehnga Singh and Sakhi Chand, and acquitted the rest of the accused.

(2.) Prior to December, 1966, a bitter struggle was going on between two factions led by witness Chainchal Singh on the one hand and Banta Singh and Niranjan Singh on the other for getting control over certain transport companies called the Hoshiarpur Express Transport Co. Ltd. , Azad Transport co. and Victory Transport Co. The struggle resulted in numerous proceedings, civil and criminal. Chainchal Singh, being the leader of the opposing group, was the main target of the group led by Banta Singh and Niranjan singh and to get rid of him the said conspiracy was said to have been entered into by Banta Singh and Niranjan Singh with the appellant Thakur Singh, his man, Shubeg Singh the approver, appellant Piara Singh, Shera Singh and the said Akali absconder. The conspiracy to kill Chainchal Singh was hatched in July August, 1966, under which the approver Shubeg Singh with the assistance of Thakur Singh was to kill Chainchal Singh and as a reward banta Singh was to pay Rs. 4,000. 00. Since the victim was unknown to them, the two of them were shown Chainchal Singh and the route by which the victims used to return every day of his village in a jeep from Hoshiarpur where he was working. The place where the assassins were to ambush themselves and from which the victim was to be fired at while he was returning to his village from Hoshiarpur was also selected. Banta Singh and appellant Thakur singh were to remain in the former's car some distance away so that as soon is Chainchal Singh was shot down the assassins could be whisked away from the place. Those who were to fire at the victim were appellant Piara Singh and the Akali absconder and the approver Shubeg Singh was to remain ready with them in case any counter attack was made by the other side. To give no chance of escape to the victim, a tree standing on one side of the jeep track was to be cut down and thrown across it so as to block the passage, thereby making any escape by Chainchal Singh impossible. In pursuance of this plan, appellant Thakur Singh gave his double barrelled gun to appellant Piara Singh. The approver, Shubeg Singh, had his own gun and the said Akali had a kirpan. Leaving the three of them at the place selected, as aforesaid, Banta singh and appellant Thakur Singh went in the former's car to the shop of witness Hari 0m (P. W. 11) , at Mahilpur nearby and had liquor and there after left presumably to go the Milestone No. 9 to wait for the killers to come there after completing their work. Chainchal Singh had on that day, however, returned to his village at about 2 or 3 p. m. having left his jeep with his friend Baldev Singh to return later. At about 6.45 p. m. the jeep reached the spot with Baldev Singh, the deceased Jaswant Singh, witnesses Mehnga Singh, sakhi Chand, Tarlok Singh, Beant Singh and Pargat Singh with the deceased tirath Singh driving the jeep, all bound for the village Lehii Kalan. On ending the road blocked, the driver Tirath tried to swerve the vehicle towards his left. At this juncture appellant Piara Singh started firing into the left side of the jeep and the Akali, snatching the gun from the approver, also opened fire. Tarlok Singh, Beant Singh and Pargat Singh managed to run away. Jaswant Singh, Mehnga Singh and Sakhi Chand, though injured, got down from the jeep on the right side. The driver Tirath Singh, however, was fatally injured and therefore could not move from his seat. The three assailants then came to the jeep, passing across its head lights which were still on, and ascertained from Mehnga Singh, Sakhi Chand and Tirath Singh who they were, presumably to ascertain if Chainchal Singh was one of them. Appellant piara Singh and the approver thereafter opened the bonnet of the jeep and the said Akali cut off its engine wires and thereafter the three of them went towards milestone No. 9 where Banta Singh and appellant Thakur Singh were waiting for them. In the meantime, Pargat Singh who had escaped unhurt ran to the village and informed Chainchal Singh of what had happened. Chainchal singh arranged for the removal of the four injured persons to the hospital at hoshiarpur. Tirath Singh and Jaswant Singh, however, expired having succumbed to their injuries. The other two, Sakhi Chand and Mehnga Singh, were given medical assistance by Dr. S. S. Chatrath (P. W. 5) , who found gunshot injuries on both of them. The police thereafter carried out the usual investigation and arrested the various accused on different dates.

(3.) On 11/01/1967, Shubag Singh was granted conditional pardon by the District Magistrate and was made an approver. After the committal proceedings the accused were put up for trial before the Sessions Judge and at the end of the trial the two appellants and Banta Singh, as already stated, were convicted as aforesaid. The three convicted accused preferred appeal before high court against their conviction. The State also filed an appeal against the acquittal of Shera Singh and Niranjan Singh.