HAL BANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Six persons including the present appellants were tried by the Additional Sessions Judge, Ferozpur on several charges in connection with the death by homicidal injuries of two brothers Munshi Singh and Hazura Singh. Of these six, Bhag Singh was the father of the other five accused persons. All the six accused persons were acquitted by the Additional Sessions Judge; on appeal by the State, the High Court of Punjab set aside the orders of acquittal in respect of Harbans Singh and Major Singh and convicted them under section 302 of the Indian Penal Code. The appeal was dismissed in respect of the other four, viz., Bhag Singh, Gursi, Bant Singh and Gian Singh. It is against this order of conviction that Harbans Singh and Major Singh have filed the present appeal after obtaining special leave from this Court.

(2.) The prosecution case is that at about 8 or 9 p. m. on July 23, 1956, shortly after Munshi Singh had returned home and complained to his father Hira Singh about the conduct of Harbans Singh and Bant Singh in abusing him, Munshi Singh ran out of his house on hearing some cries; but when he reached the Dharamshala not far from his house these two appellants, along with their father Bhag Singh and their brothers Bant Singh, Gian Singh and Gursi fell upon him and caused numerous injuries with the weapons which they carried. Harbans Singh, it is said, struck Munshi Singh on the abdomen with a Sela in his hand. Munshi Singh's brother Hazura Singh and his father Hira Singh also had followed Munshi Singh when be ran out of the house. On seeing this attack on Munshi Singh, Hazura Singh tried to intervene, but he too was attacked and received several injuries. Harbans Singh, it is said, gave him a Sela thrust in the abdomen. Munshi Singh died on the spot; Hazura Singh was brought to the hospital at Gidderbha the following morning and received some treatment but he also died of his injuries the following day, that is, the 24th July.

(3.) All the accused pleaded not guilty, the defence being that they had been falsely implicated out of enmity.