LAWS(SC)-1970-2-74

KUNDAN SINGH Vs. STATE OF PUNJAB

Decided On February 04, 1970
KUNDAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prior to July, 1967, one Koer Singh, Mohar Singh and Surjit singh were the tenants of certain lands belonging to one Mukat Mohan Lal and Brij Mohan Lal. In July 1967, the three tenants filed a suit against their two landlords impleading Wazir Singh, his two sons. Sham Singh (the appellant) and Zora Singh, Kundan Singh (the appellant) , Gurdip Singh and certain other persons as party defendants. In the suit they claimed a permanent injunction restraining the defendants from interfering with their possession. Pending the suit, the tenants obtained a temporary injunction from the court. It appears that in spite of the temporary injunction some of the defendants took over possession of the said lands. Consequently, on 5/08/1967, Koer Singh, one of the plaintiffs, took out contempt proceedings against the said Brij Mohan Lal, the said Wazir Singh, sham Singh, Zora Singh, Kundan Singh and certain other persons complaining that the latter had taken forcible possession of the said lands in breach of the said temporary injunction. The defence of Brij Mohan Lal and the other respondents in that application was that the tenants had surrendered the said lands to the landlords under a writing, dated 4/04/1967, and that thereupon Kundan Singh (the appellant) was put in possession thereof asthe special attorney of the landlords. In the diverse proceedings which the parties thereafter took out over the question of possession of the said lands, it appears that Kundan Singh (the appellant) and Jita Singh, P. W. 8, the father of the deceased Tara Singh, played dominant part for the rival parties. The case of Jita Singh and the tenants in whose favour be gave evidence in those proceedings was that the said document of surrender bad been obtained by misrepresentation and that possesssion was never abandoned or surrendered by the tenants. Allegations and counter-allegations were thereafter made by Shavinder Singh (the appellant) on the one hand and by Jita Singh on the other of the deceased Tara Singh and Shavinder Singh having had altercations with each other and each of them having fired his gun in the air to frighten the other. This was in brief the background in which the incident out of which this appeal arises took place on 29/07/1968.

(2.) On that day the construction of Jita Singh's house was under way. In the morning, his son, the deceased Tara Singh, bad brought a cart-load of sand for use in the said construction work. That having been almost exhausted Tara Singh with his relations Buldu Singh, P. W. 2, Gurnam singh, P. W. 3, and Kapur Singh, P. W. 4, set oat with the cart to fetch some more sand at about 4.15 p. m. It would appear that anticipating trouble Tara Singh and Kapur Singh carried with them their guns, exts. P. 0.-1 and P. 0.-3. While Tara Singh and his companions were thus on their way to bring sand, the four appellants, Kundan Singh, Shavinder singh, Karam Singh and Sham Singh, suddenly emerged from a cluster of trees. Appellant Kundan Singh fired his gun hitting Tara Singh on his left side. As a result of that gunshot the gun from Tara Singh's hands fell down and Tara Singh ran for safety. Appellants Shavinder Singh and karam Singh, however, pursued him. Appellant Kundan Singh picked up tara Singh's gun and be and appellant Sham Singh also joined in the pursuit. Appellants Shavinder Singh and Karam Singh overtook Tara singh and attacked him with the gandasas with which they were armed. In the meantime Kapur Singh, P. W. 4, who apprehended that he and gurnam Singh, P. W. 3, would also be attacked, fired his gun injuring appellant Shavinder Singh in his face. Kapur Singh was, however, overpowered and he and Gurnam Singh, P. W. 3, were attacked by Karam singh and Sham Singh. Kapur Singh's gun was taken away by appellant shavinder Singh. In this incident Tara Singh died and Gurnam Singh and kapur Singh, P. Ws. 3 and 4, received a number of injuries. The post mortem examination on the dead body of Tara Singh showed that he had received both gunshot injuries as well as incised wounds which could be caused by gandasas, both categories of the injuries on him being respectively fatal. On the side of the appellants - only appellant Shavinder Singh had gunshot injuries on his face as a result of Kapur Singh (P. W. 4) having fired his gun, Ext. P. 0.-3. These injuries, as deposed to by Dr. Gill who examined him, were simple in nature. The appellants were rounded up by the police within a day or two and arrested. At the time of his arrest appellant Kundan Singh had with him his gun, Ext. P. 0.-5, which the police took charge of. On the 3rd and 4th of August, 1968, appellants kundan Singh and Shavinder Singh discovered the two guns of Tara Singh, ext. P. 0.-1 and of Kapur Singh, Ext. P. O.-3, which they had seized during the said incident.

(3.) The appellants admitted that there was hostility between the parties in the matter of possession over the aforesaid lands, The defence taken by appellants, Kundan Singh, Karam Singh and Sham Singh, was one of total denial of any participation by them in the said incident. Such a defencewas, however, not available to appellant Shavinder Singh as be bad received gunshot injuries on his face. His defence was that in the evening of 29/07/1968, he was ploughing his land with the help of two siris when the deceased tara Singh, Gurnam Singh, P. W. 3, and one more person unknown to him attacked him causing him injuries on his face. Seeing him so attacked the mid two siris in exercise of the right of private defence attacked Tara Singh with their gandasas and caused him injuries. No explanation was given by him in respect of the gunshot injuries found on the dead body of Tara singh.