BHAGAT SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) Swaran Singh and his brothers Avtar Singh, Ajmer Singh and Rajinder Singh were tried for the murder of Kandhara Singh and Darbara Singh. They were also tried for causing injuries to Tarlok Singh, Sadha Singh, Anokh Singh, Sukhdev Singh and Boor Singh. Swaran Singh and Ajmer Singh were further tried under Arms Act. The trial Court convicted Swaran Singh under S. 302, IPC and sentenced him to imprisonment for life on two counts. Other accused were sentenced with the aid of Section 34, IPC to imprisonment for life. They were also awarded sentence of fine. Ajmer Singh, Avtar Singh and Rajinder Singh were further convicted under Ss. 307 and 325 IPC, 326, IPC and 323, IPC respectively. All the four accused were inter se convicted under these Sections with the aid of S. 34, IPC. The High Court, on appeal, set aside the conviction and sentence of all the accused and acquitted them. This appeal by way of special leave is by the complainant against the judgment of the High Court.

(2.) We may briefly notice the prosecution story as recorded in the first information report lodged by Baghel Singh P.W. 8. A drain was to be dug-up through the village. It was to pass through the fields of Baghel Singh, complainant. Swaran Singh accused was the Sarpanch of the village. He wanted the drain to be dug whereas Baghel Singh was opposed to it. On July 23, 1977 at about 5.15 p.m. the Sub-Divisional Officer accompanied by a police inspector visited the village in a Government jeep in order to inspect the site of the proposed drain. The jeep was parked at some distance from the site. The accused and the complainant parties were present. Swaran Singh accused was armed with a pistol, Ajmer Singh with a dang and Rajinder Singh was having a Neza. There was some altercation between the groups and Rajinder Singh received minor injuries at the hands of the complainants. At the same time Swaran Singh, Ajmer Singh and Rajinder Singh accused caused injuries to Boor Singh P.W. 14 who was standing by the side of the Government jeep. Baghel Singh and others raised an alarm upon which the above named accused persons left Boor Singh and went away. Boor Singh who had suffered number of injuries on his person was brought to the village in the jeep of the Sub-Divisional Officer. Boor Singh was put in a tractor trolley for taking him to the hospital in Ferozepore city. Baghel Singh P.W. 8, Anokh Singh P. W. 15, Sukhdev Singh P. W. 16 Kandhera Singh, Darbara Singh and some others also sat in the trolley. When they reached near bus stand of the village, Swaran Singh accused armed with a rifle, Ajmer Singh accused armed with a gun, Avtar Singh accused armed with a Kirpan and Rajinder Singh armed with a sua came running towards the trolley from the village side. They were raising threats that they would not allow Baghel Singh and his companions to go. The tractor was stopped and some of the occupants got down. Kandharw Singh went forward and tried to persuade Swaran Singh to keep peace. The latter, however, fired a shot which hit Kandhera Singh on the left side of chest and he fell down. Swaran Singh fired again hitting Darbara Singh who also fell down. Both Kandhara Singh and Darbara Singh died on the spot. Ajmer Singh accused fired two shots from his gun injuring Tarlok Singh and Sadha Singh. Avtar Singh gave a kirpan blow to Anokh Singh on his head. Avtar Singh also gave a kirpan blow on the right wrist of Sukhdev Singh. Rajinder Singh took Anokh Singh in his grip. Baghel Singh kept on raising alarm while standing near the tractor. According to Baghel Singh "Swaran Singh etc. also received injuries from us in our self-defence". All the four accused thereafter went away from the place of occurrence. Baghel Singh went to the police station to lodge the first information report which was recorded at 7.30 p.m.

(3.) Nine injuries were found on the person of Boor Singh which included two grievous injuries. The bones underneath left forearm were fractured. Swaran Singh accused was examined by the doctor at 6.45 a.m. on July 24, 1977 who found 12 injuries on his person. The doctor opined that his condition was very serious. Five of the injuries were on the head. There was an incised wound 7 cm x 1 cm on the top of the head which was bone deep. Rajinder Singh accused had ten simple iniuries on his person. It is not necessary to note the injuries on the other members of the accused or the complainant party.