STATE OF PUNJAB Vs. AJAIB SINGH

JUDGEMENT

(1.) The State of Punjab has preferred this appeal by special leave against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 24th September, 1996 in Criminal Appeal No. 627-DB of 1995 and Murder Reference No. 7 of 1995 whereby the High Court while allowing the appeal of the respondents herein acquitted them of the charges under Ss. 148, 302, 302/34, I.P.C. Accordingly the High Court set aside the judgment of the Additional Sessions Judge, Bhatinda, who by his judgment and order dated 13th November, 1995 in Sessions Case No. 54 of 14-12-1990 had found the respondents guilty of offences under Ss. 302 and 302/34, I.P.C. and sentenced them to death. Three other accused persons who were tried along with the respondents herein were, however, acquitted by the trial Court.

(2.) The occurrence giving rise to the instant appeal occurred on the night intervening 26th and 27th July, 1990. The case of the prosecution is that in the said occurrence five persons were murdered by the respondents and their three accomplices, since acquitted. We may notice at the threshold that all the respondents herein are brothers. Of the three accused acquitted by the trial Court two are their brothers while the third is said to be their friend. The deceased include the mother of the respondents namely Surjit Kaur, their maternal grand mother Jangir Kaur, their sister Sujan Kaur, her husband Mohinder Singh and their six years old daughter Kirna. The motive alleged by the prosecution was that their maternal grand father Jeon Singh who had executed a Will in favour of the respondents and their brother Teja Singh in respect of 8 killas of land, had since changed the Will and bequeathed the property in favour of his wife Jangir Kaur and daughter Surjit Kaur. The respondents and their brothers, therefore, apprehended that their mother and maternal grand mother may ultimately give the land to their sister Sujan Kaur and this is what prompted them to commit the murders.

(3.) The factual backgrounds in which the occurrence took place may be briefly noticed.