JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) There are four appellants (original accused Nos. 1, 2, 3 and 7). All of them were convicted U/ Ss. 302 and 302 read with 34, I.P.C. and sentenced to imprisonment for life. They were further convicted under S. 25 and S. 27 of the Arms Act and sentenced to one year's R.I. on each count. The sentences were directed to run concurrently. The appeal preferred by them was dismissed by the High Court. Hence this appeal. The prosecution case is as follows:

(2.) Milkha Singh is one of the deceased in the case. His paternal aunt was the wife of Phuman Singh. When the deceased Milkha Singh was young he lost his father about 15 years prior to the present occurrence. On compassionate grounds Phuman Singh used to help Milkha Singh in managing the properties. This went on smoothly for some time. It is alleged that Phuman Singh, his sons and their close relations became greedy and dishonestly ousted the deceased, Milkha Singh; his mother and his grand-mother from the land as well as from the farm-house. The deceased Milkha Singh shifted to the village of his father-in-law and began residing there. He launched proceedings against Phuman Singh and his three sons Jarnail Singh, A-1, Balbir Singh, A-2 and Amrik Singh, A-3 and succeeded in getting order of eviction. On some of the lands crops were standing, in respect of which on 18th January, 1976 the deceased Milkha Singh paid compensation and got the possession of the vacant land. On this the accused party was aggrieved against Milkha Singh, the deceased.

(3.) On 24th January, 1976 the deceased Milkha Singh went to his field at about 6-30 a.m. At the relevant time Assa Singh, P.W. 5, Gurdial Singh, PW. 4, Kanaj Singh, P.W. 7, Bakhtawar Singh and Jaswant Singh, another deceased in the case, were in the company of the deceased Milkha Singh for harvesting the wheat crop. It is alleged that the three accused (A-I to A-3) sons of Phuman Singh and his other relations A-4 to A-9 variously armed came on the scene. A-I Jarnail Singh who was armed with a rifle hurled a lalkara at Milkha Singh- the deceased and his companions and simultaneously fired a shot hitting Milkha Singh on his left leg. A-3 Amrik Singh fired a similar shot from his rifle which caused an injury on the left leg of Milkha Singh as a result of which he fell down. On this Jaswant Singh, the other .deceased requested the accused not to fire. A- I Jarnail Singh fired another shot from his rifle hitting Jaswant Singh on his left shoulder as a result of which Jaswant Singh died on the spot. P.W. 5 Assa Singh and P.W. 7 Kanaj Singh who had also rifles used them in their self-defence while firing shots towards the accused. The accused again returned the fire. After this the accused went to the farm-house belonging to Milkha Singh, the deceased. From there again they fired some shots towards complainant Gurdial Singh, P.W. 4 and others. P.W. 4 carried the injured Milkha Singh to his house where his mother and grand-mother were present. P.W.4 after apprising them about the occurrence left for the Police Station and lodged a report at about 8-00 a.m. which was recorded by A.S.I. Ajit Singh, P.W. 14. He registered the crime, took a posse of constables and went to the spot along with P.W. 4 and reached the same at about 9-30 a.m. He found that the accused were still busy firing shots from the farmhouse of Milkha Singh. P.W. 13 divided the police contigent into three segments and surrounded the accused and after some exchange of fire arrested the accused and seized the weapons. At the time of arrest he found that accused Kulwant Singh (A-7) was having some marks of injuries and he was sent for medical examination. P.W. 14 found the dead body of Jaswant Singh lying in the field. He prepared the necessary panchnama and seized number of empty cartridges. The dead body of Jaswant Singh was despatched for post-mortem. P.W. 3 the Doctor, examined Milkha Singh the deceased at about 11-30 a.m. at the Primary Health Centre, Sirhali. He found the pulse and blood pressure weak and referred the injured Milkha Singh to the General Hospital, Amritsar. P.W. 3 also examined Kulwant Singh, A-7 and found two lacerated wounds caused by gun-shots and he was also referred to the General Hospital, Amritsar. He also examined A-1 and on his person he found two abrasions and two contusions which were the result of a blunt weapon. Likewise he found some injuries on A-3 Amrik Singh which were all abrasions and simple in nature. Milkha Singh died later. P.W. 2 conducted the post-mortem on 25-4-76. He found four lacerated wounds and opined that the death was due to shock and haemorrhage as a result of those injuries which were caused by gun-shots. After completion of the investigation the charge-sheet was laid. The accused pleaded not guilty. A- 1, however, stated that Kulwant Singh, A-7 is his brother-in-law and used to visit his village and a day prior to the present occurrence A-7 came to his farm-house. A-7 was having his rifle issued by the Home Guards Department. A-1 further stated that he and his father were in possession of the farm-house since they had built it. He and Amrik Singh, A-3 slept outside the farm-house (behak) whereas Kulwant Singh, A-7 slept at the roof of the farmhouse with his rifle. At about 6/7 a.m. Jaswant Singh armed with sten-gun and Milkha Singh armed with rifle came there and asked him and Amrik Singh, A- 3 to vacate the farm-house and they began to belabour him and Amrik Singh, A-3 with-the butts of the sten-gun and rifle. A-1 raised an alarm. A-3 then- stood up and pointed his rifle against them. Thereupon the two deceased persons took positions and began to fire towards Kulwant Singh, A-7 with their respective weapons and then A-7 fired in self-defence. The two deceased persons received injuries and A-7 also received injuries. Jaswant Singh died on the spot and injured Milkha Singh was removed. The police came and detained him in the farm-house. A-1 further stated that he filed an appeal against the order of ejectment passed by the S.D.O. Taran Taran. But he has never been dispossessed and no possession was delivered to anybody of the land in his possession and police sided with the opposite party and fabricated a false case against him. The same statement was adopted by Amrik Singh, A-3, Kulwant Singh, A-7 and other accused.