STATE OF PUNJAB Vs. HARDAM SINGH

JUDGEMENT

(1.) Four accused-Hardam Singh, Jagjit Singh, Resham Singh and Gurdip Singh were convicted by the Additional Sessions Judge, Bhatinda in Sessions Case No. 22/RT No. 5 of 1985 by judgment dated 29-5-1986. By the aforesaid judgment, accused-Hardam Singh, Jagjit Singh and Resham Singh were convicted under S. 302 read with S. 34, Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 1500/- each, or, in default of payment of fine, to suffer further RI for six months each. Accused-Gurdip Singh was convicted under S. 302 read with S. 109, I.P.C. and sentenced to undergo the sentence, as aforesaid as in the case of other three accused. Accused 1-3 are sanguinary brothers. Accused-Gurdip Singh was a Sarpanch of Joian Village. Aggrieved by the aforesaid convictions accused-Hardam Singh, Jagjit Singh and Resham Singh filed Criminal Appeal No. 374-DB of 1986 and accused-Gurdip Singh filed Criminal Appeal No. 378-DB of 1986. The High Court, by its judgment and order dated 28-5-1987 set aside the conviction and sentence recorded by the learned trial Judge. Accused-Gurdip Singh died in the interregnum. Hence, this appeal is filed only against the three accused.

(2.) Briefly stated the story as unfolded by the prosecution is that : P.W. 1 Billu Singh and his father deceased-Hari Singh are from village Alampur Madran and on 28-11-1984 had gone to Ferozepur to attend a case in which they were challaned under Ss. 307/34, I.P.C. for murderous assault on Jagjit Singh and his wife. It is stated that after appearing before the Special Judge, Ferozepur on 28-11-1984, P.W. 1 Billu Singh and his deceased-father Hari Singh started from Ferozepur by train for Mansa and reached Mansa at about mid-night. It is also stated that they were to appear there in a case on 29-11-1984 under S. 145, Cr. P.C. pending in the Court of Executive Magistrate, Mansa in which Hari Singh and accused-Hardam Singh and Jagjit Singh were parties. After attending the Court on 29-11-1984, they started for the village Alampur Madran at about 3 p.m. on their bicycles, which were parked by them at Mansa while going to Ferozepur. It is further stated that the deceased-Hari Singhs bicycle was followed by Billu Singh and at about 4 p.m. when they reached near Bus Adda of village Joian, at the tri-junction of the roads, from where a road to village Akkanwali bifurcates, accused-Hardam Singh armed with a Gandasa; Resham Singh armed with a Gendhali and Jagjit Singh armed with a Takwa emerged from the Bus Adda shouting that Hari Singh (Ramdasia) was not to be left alive and was to be taught a lesson for raising a dispute with them for land and for murderous assault. Deceased- Hari Singh immediately threw his bicycle and ran towards the house nearby to save himself. The accused over-powered Hari Singh, threw him on the ground and started giving him blows with their weapons causing several injuries. P.W. 1 after seeing the incident, fearing that the accused would also chase him, hurriedly left the place on his bicycle and went towards village Akkanwali and via Budhiada reached Police Station Boha, where he narrated the incident to S.I. Jagjit Singh stating that accused-Hardam Singh, Jagjit Singh and Resham Singh had committed the murder of the deceased in conspiracy and under the instigation of accused-Gurdip Singh Sarpanch of the village. The prosecution story further disclosed that when P.W. 1 and deceased-Hari Singh were in jail in connection with a case under Ss. 307/34, I.P.C. for murderous assault on accused-Jagjit Singh, accused-Gurdip Singh got a thumb impression of Hari Singh and an agreement of sale for his land for Rs. 7,000/- promising to help them in the case and he got them released on bail. But when Hari Singh and his wife asked for Rs. 7,000/- from Gurdip Singh, he insulted them and got the bail bond cancelled for which Hari Singh made a complaint against Gurdip Singh to the authorities and also got the complaint published in the newspaper. It is alleged that it is because of this, Gurdip Singh conspired with other accused and committed murder of Hari Singh. On the basis of the complaint, F.I.R. (Ex. P-A) was lodged at 6.30 p.m. In the course of investigation, I.O. prepared an inquest report. Post-mortem was conducted by P.W. 6, Dr. I. B. Aggarwal. On conclusion of the trial, learned trial Judge, after considering the evidence on record and documents, found the accused guilty and recorded conviction, as noticed above.

(3.) We have heard Mr. H. M. Singh, learned counsel for the appellant and Mr. Neeraj Kumar Jain, learned counsel for the respondents at length.