CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Karam Singh (60) and his son Sukhdev Singh (38) were shot dead in their field in the area of village Dhandari at a distance of seven miles from police station Sadar Ludhiana on August 5, 1971. Four persons Charan Singh (65), Mukhtiar Singh (50), Gurdev Singh (40) and Paramjit Singh (24) were tried in connection with that occurrence in the court of the Sessions Judge Ludhiana. The learned Sessions Judge convicted Charan Singh and Mukhtiar Singh under Section 302, Indian Penal Code for the murder of Karam Singh and sentenced each of them to death. Charan Singh and Mukhtiar Singh were also convicted under Section 302 read with Section 34, Indian Penal Code for the death of Sukhdev Singh and each of them was sentenced to undergo imprisonment for life on that count. Gurdev Singh and Paramjit Singh were convicted under Section 302. Indian Penal Code for the murder of Sukhdev Singh and each of them was sentenced to death on that score. Gurdev Singh and Paramjit Singh were further convicted under Section 302 read with Section 34, Indian Penal Code for the death of Karam Singh and each of them was sentenced to undergo imprisonment for life on that account. Charan Singh, Mukhtiar Singh and Gurdev Singh were also convicted under Sec. 27, Arms Act and each one of them was sentenced to undergo rigorous imprisonment for a period of four years on that count. On appeal and reference the Punjab and Haryana High Court affirmed the judgment of the trial court. The four accused thereafter filed this appeal by special leave.

(2.) Charan Singh accused is the real brother of Karam Singh deceased. Paramjit Singh accused is the grandson of Charan Singh. Gurdev Singh accused is the brother of the wife of Charan Singh, while Mukhtiar Singh accused is a friend of Gurdev Singh. The two deceased persons as well as Charan Singh and Paramjit Singh accused are the residents of village Dhandari. Gurdev Singh is a resident of village Bhutari, at a distance of about 15 miles from Dhandari, while Mukhtiar Singh is a resident of village Khatra Chahran. Charan Singh accused and Karam Singh deceased were the sons of Sardara Singh. Sardara Singh had three other brothers. One of the brothers was Niranjan Sing. Niranjan Singh was issueless and without a wife. Hazara Singh was another brother of Sardara Singh. Mann Dass (P. W. 4), who lodged the first information report, is the grandson of Hazara Singh. Apart from Sukhdev Singh who was killed along with Karam Singh deceased, the latter had another son Gurdial Singh (P. W. 8) who has appeared as an eye witness of the occurrence.

(3.) The prosecution case is that on September 28, 1966 Niranjan Singh, uncle of Charan Singh accused and Karam Singh deceased, executed a will in favour of Charan Singh bequeathing all his movable and immovable property in favour of Charan Singh accused. On 18-3-1971 Niranjan Singh executed another document cancelling the will which he had earlier executed in favour of Charan Singh. It is stated that Niranjan Singh revoked the will in favour of Charan Singh at the instance of Karam Singh deceased and Mann Dass. P.W. Niranjan Singh thereafter got back possession of his land from Charan Singh. On June 15, 1971 Niranjan Singh leased out half of his land in favour of Mann Dass for a period of ten years. The remaining half of the land was sold by Niranjan Singh in two equal shares, one in favour of Garcha Poultry Farm and the other in favour of Sukhdev Singh deceased and Gurdial Singh P. W., sons of Karam Singh deceased. Charan Singh accused felt aggrieved against Karam Singh deceased on account of being deprived of the land of Niranjan Singh.