HAZARA SINGH BHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Hazara Singh, his brothers Bachan Singh and Jarnail Singh and three others Bhajan Singh, Baj Singh and Balwant Singh were tried under Section 148 of the Penal Code, 1860 for being members of an unlawful assembly and in prosecution of the common object of that assembly which was to attempt to murder the police party, while these persons were armed with deadly weapons like pistol and rifle, having committed the offence on the midnight intervening 21st and 22nd July 1964. Hazara Singh and Bhajan Singh were also charged under Section 307, Penal Code, 1860, while the other four were charged under Section 307 read with Section 149 of the Code for Hazara Singh and Bhajan Singh having fired pistol shots at the police party with such intention and under such circumstances that if they had thereby caused the death of any member of the police party they would have been guilty of murder.

(2.) Hazara Singh and Bhajan Singh were further tried on a charge under Section 25 of the Indian Arms Act. The learned Sessions Judge found that all the six persons were proceeding towards Pakistan in order to smuggle six bags containing 40 Kg. cardamom each. Hazara Singh and Bhajan Singh were armed with a rifle and a pistol respectively and when challenged by the police party they fired shots from their weapons at the police party in their attempt to murder them in pursuance of the common object of them all and as such they were guilty of an offence under Section 148 of the Penal Code, 1860. They were convicted and sentenced to one year's rigorous imprisonment on that count. Hazara Singh and Bhajan Singh were found guilty of the offence under Section 307 of the Penal Code, 1860 while their co-accused were found guilty of the offence under Sections 307 and 149, Penal Code, 1860, and each one of them was sentenced to rigorous imprisonment for a period of five years and payment of a fine of Rs. 500/. The sentences were to run concurrently. Bhajan Singh and Hazara Singh were further found guilty of the illegal possession of firearms under Section 25 of the Arms Act and were sentenced to rigorous imprisonment for one year each.

(3.) On appeals to the High Court the conviction of the aforesaid persons was upheld but the sentences of Bachan Singh, Jarnail Singh, Baj Singh and Balwant Singh were reduced to three years' rigorous imprisonment. All the convicted persons have filed appeals to this Court (Cr. As. 139-141/68) by special leave. These shall stand disposed of by this judgment.