STATE OF PUNJAB Vs. HARBANS SINGH

JUDGEMENT

(1.) State of Punjab has preferred these appeals against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 13th July, 1954 made in Criminal Appeal No. 206-DB of 1992 whereby the High Court allowed the appeal filed by the respondents herein and set aside the judgment and conviction imposed on the respondents by the Learned Sessions Judge, Bhatinda.

(2.) The brief facts necessary for the disposal of these appeals are as follows : The respondent Jit Singh in these cases was son of Chanan Singh the deceased and the brother of Bhol Singh the other deceased who is also known as Gurbachan Singh. It is the prosecution case that in view of certain misunderstanding arising out of financial transaction respondent Jit Singh along with his brother-in-law Harbans Singh who is also respondent in these appeals had decided to eliminate Chanan Singh and Bhol Singh. With this view in mind, it is stated that on 26th of September, 1990 the respondents were in search of these two persons. Having come to know of the motives of the respondents herein in searching for them, the said Chanan Singh and Bhol Singh went to the house of PW-4 Natha Singh who happened to be the Lambardar of the village and complained to him that the respondents herein were searching for them in the village with the intention of eliminating them, therefore, sought his help. The said PW-4 Natha Singh took Chanan Singh and Bhol Singh to the house of Gurnam Singh (PW-11) who was the Sarpanch of the village around 6.30 p.m. The said Sarpanch Gurnam Singh told these people that he will look into the matter and bring about a settlement the next day morning. Then while coming out of the house of PW-4, Chanan Singh was walking ahead of Bhol Singh and immediately behind them were PWs-4 and 11 who were following them near the gate of the house of Gurnam Singh (PW-11). At that time it is stated that the respondents herein confronted them. The prosecution further alleges that at that time respondent Jit Singh was carrying a DBBL gun while respondent Harbans Singh was carrying Kassia. On seeing, Chanan Singh the respondents herein raised lalkara that they would teach a lesson for making a demand for return of money so saying the respondent Jit Singh aimed his DBBL gun at Chanan Singh and fired a shot which hit Chanan Singh on the right side of his chest and he fell down. The respondent Jit Singh then allegedly aimed at Bhol Singh who standing behind Chanan Singh but noticing the said attempt of Jit Singh, Bhol Singh laid down on the ground because of which the shot aimed at Bhol Singh hit the wall of the house of PW-11. The further case of the prosecution is that at the point of time, respondent Harbans Singh carrying the Kassia attacked Bhol Singh on the right back side of his head and continued to assault said Bhol Singh on the other parts of the body like his chin, right ankle, left eye brow. After the said attack, the prosecution alleges that both the accused persons ran away from the place.

(3.) The prosecution also alleges that the incident in question was noticed by one Darshan Singh the other neighbour and after the accused ran away from the place of incident PWs-4 and 11 along with Darshan Singh arranged for private vehicle and took the injured persons for Primary Health Centre which is about 1 1/2 Kms. away from the place of incident and on the way it is stated that Chanan Singh succumbed to the injuries. At the Primary Health Centre, the doctor Randhir Singh (PW-1) attended to the injured Bhol Singh and sent a message to the Police-Outpost which is hardly one furlong away from the place of incident. He referred Bhol Singh to C.M.C. Hospital, Ludhiana. But on the way, it is stated that even Bhol Singh succumbed to his injuries.