BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated December 17, 1979 passed by the Division Bench of Punjab and Haryana High Court in Criminal Appeals Nos. 1439 of 1978 and 1440 of 1978. Both the said appeals were disposed of by a common judgment by the High Court and the appeals were directed against the judgment dated November 6, 1978 passed by the Additional Sessions Judge, Ferozepore, in Sessions Trial No. 60 of 1978. The four accused including the appellants Bhola Singh and Baldev Singh were tried on a charge for offences under Sections 302, 302/34, 307, 307/ 34, I.P.C. and under Section 27 of the Arms Act.

(2.) The prosecution case in short is that Smt. Mukhtiar Kaur, widow of Gurmej Singh (deceased), had a quarrel with Kashmir Kaur, wife of Baldev Singh, one of the four accused, a few days before the occurrence taking place on September 6, 1977. The matter, however, was settled at the instance of Lal Singh of Village Dhandian and Puran Singh, Sarpanch of the village. About two days before the occurrence resulting in the murder of Gurmej Singh and causing gun shot injuries to Mukhtiar Kaur, Nirvel Singh, son of Gurmej Singh (deceased), also had a quarrel with Bhola Singh, one of the accused and Joginder Singh, another accused in the case. Gurnam Singh, the other accused, is the brother of Baldev Singh (accused), In the evening of September 6, 1977, Gurdev Singh, PW 12, a relation of Mukhtiar Kaur came to the house of Gurmej Singh (deceased) at the village Kachar Bhan. He had carried with him a licenced .315 bore rifle. Gurdev Singh, PW. 12, and Nirvel Singh, son of the deceased, took their meals and went to the kotha of their house to sleep. Gurmej Singh, deceased, came from the field and fed the cattle in the house and thereafter started taking bath in the bathroom situated in the court-yard of the house at about 9.00 P.M. Smt. Mukhtiar Kaur, the injured widow of the deceased (PW. 13), was doing household jobs at that time. The accused Bhola Singh and Baldev Singh both armed with single barrel .12 bore guns while Gurnam Singh and Joginder Singh each armed with gandasi appeared on the scene. They shouted challenges and abused Gurmej Singh (deceased). Gurmej Singh came out of the bath room wearing only a chadra (Ex. P. 17) around his waist. On seeing Gurmej Singh, the accused Baldev Singh fired a shot hitting Gurmej Singh in the chest. Bhola Singh fired a shot causing injuries to Mukhtiar Kaur on the chest and on her face. Both Gurmej Singh and Mukhtiar Kaur fell down being injured. Gurdev Singh. PW.12, fired three shots from his rifle from the kotha of the house towards the accused on which the accused retreated and while retreating they had also fired shots from their gun challenging Nirvel Singh and Gurdev Singh. Gurdev Singh and Nirvel Singh found Gurmej Singh lying dead. They put the dead body on a cot near the place where Gurmej Singh was shot at. According to the prosecution case, at the time of the occurrence an electric bulb installed by the Panchayat in front of the door of the house of the Sarpanch was providing sufficient light and the said two witnesses including the injured Mukhtiar Singh had seen the commission of offence by the said accused persons. The prosecution also alleged that lantern was burning in the house. Till mid-night due to fear, none of the inmates of the house of Gurmej Singh moved out. After the midnight, Nirvel Singh went to the village Markhai from where Naunihal Singh, husband of the sister of Mukhtiar Kaur, joined him and they went to Police Station, Zira and lodged the report with SI., Jagjit Singh, naming Bhola Singh, Baldev Singh, Joginder Singh and Gurnam Singh as the assailants. Gurmej Singh left for village Chhuchak for bringing the married daughter of Gurmej Singh (deceased) S.I., Jagjit Singh, accompanied Nirvel Singh to the spot at about 5.30 A.M. He prepared the inquest report (Ex. P. E / 4) of the dead body of the deceased and also recorded the statements of Mukhtiar Kaur and Jit Singh, younger son of the deceased. The dead body of Gurmej Singh thereafter was sent for post-mortem examination through a Police Constable. The injured Mukhtiar Kaur was taken to a civil hospital, Zira. At about 8.15 a.m. on September 7, 1977, she was examined by the Senior Medical Officer of the Hospital and injuries were noted by the doctor. From the post-moterm report and medical report of the hospital doctor it was established that the injuries suffered by the deceased and Mukhtiar Kaur were gun shot injuries. It may be mentioned here that the police also recovered three empty cartridges of 12 bore from the place of occurrence and another three empty cartridges of .12 bore were recovered from near the house of the deceased and according to the ballistic expert the individual characteristic marks of the said two .12 bore guns were found on all the said cartridges belonging to the two accused persons which were seized by the police. The police also recovered three empty cartridges of .315 bore from the roof of the kotha of the house of the deceased.

(3.) The defence tried to establish that the incident had not taken place at the house of the deceased but somewhere else and Gurdev Singh was not at all present at the house. The defence also contended that there was no strong motive for which the murder of the deceased was committed and an attempt to murder Mukhtiar Kaur would also be made. The defence also contended that at the relevant time there was power cut in the village and as such there was no occasion to witness the occurrence by the alleged eyewitnesses. For the aforesaid purpose, the employees of the electricity department were examined by the accused but on perusal of the records of the departments, the learned Sessions Judge was of the view that a loose sheet not signed by any officer and having interpolation and overwriting was not at all acceptable and the prosecution case that the electric bulb was burning deserved credence. The learned Sessions Judge believed the statements of three eye-witnesses that they had witnessed the occurrence. After considering the post-mortem report and the evidence of the doctor who examined Mukhtiar Kaur and also considering the materials on record and evidences adduced on behalf of the prosecution including three eye-witnesses, the learned Sessions Judge accepted the prosecution case that the accused Baldev Singh had fired a shot killing Gurmej Singh on the spot and the accused Bhola Singh had fired a shot causing injuries to Mukhtiar Kaur, P.W. 13. The learned Sessions Judge was, however, of the view that the other two accused, namely, Gurnam Singh and Joginder Singh though accompanied Bhola Singh and Baldev Singh, might not have any intention to commit murder of Mukhtiar Kaur and Gurmej Singh or to cause injuries to Mukhtiar Kaur endangering her life. Accordingly, the learned Sessions Judge gave the benefit of doubt and acquitted the said two accused of all the charges. The learned Sessions Judge convicted Baldev Singh under S. 302, IPC and Bhola Singh under S. 302/34, IPC. He also convicted Bhola Singh for the offence punishable under S. 307, IPC and Baldev Singh was also convicted under S. 307/34, IPC. Both Bhola Singh and Baldev Singh were further convicted under S. 27 of the Arms Act. The learned Sessions Judge sentenced Baldev Singh and Bhola Singh to imprisonment for life with a fine of Rs. 500/-to Baldev Singh and Rs. 250/-to Bhola Singh on the charge under Ss. 302, 302/34, IPC. It was further directed that on default of payment of fine Baldev Singh will suffer rigorous imprisonment for three months and Bhola Singh will further suffer rigorous imprisonment for two months. Bhola Singh was further directed to suffer rigorous imprisonment for 7 years with a fine of Rs. 250/- under S. 307, IPC and Baldev Singh was sentenced to suffer rigorous imprisonment for five years with a fine of Rs. 250/-under S. 307/34, IPC. In default of payment of fine each of the two accused were directed to suffer rigorous imprisonment for two months. Both the accused were further sentenced to rigorous imprisonment for three years under S. 27 of the Arms Act, and the guns recovered from the accused, Bhola Singh and Baldev Singh were directed to be confiscated to the State along with the cartridges. The learned Sessions Judge directed that the amount of fine if realised in full or in part would be paid to Smt. Mukhtiar Kaur.