STATE OF PUNJAB Vs. HARI SINGH

JUDGEMENT

(1.) The State of Punjab has obtained special leave to appeal against the judgment of the High Court of Punjab and Haryana, acquitting the two respondents from charges under Sections 302 and 302/34, Indian Penal Code. and under section 307/34 Indian Code. The trial Court had convicted the respondents under each of these two sections and sentenced Hari Singh to death under Section 302, Indian Penal Code and Gain Singh to life imprisonment under Sections 302/34, Indian Penal Code, and it had sentenced both to six years rigorous imprisonment and to pay a fine of Rupees 2,000/- and indefault of payment of fine, to undergo further rigorous imprisonment for two years under Sections 307/34, Indian Penal Code.

(2.) The occurrence which gave rise to the prosecution of the two respondents together with two others, Milkiat Singh and Dalip Singh, who were acquitted by the Trial Court, took place during the night between 18th and 19th June, 1969. The victims, Gian Singh, deceased, and his nephew. Zora Singh, P.W. 3, cultivated lands jointly with Bachan Singh, P. W. 5, his son Mukhtiral Singh, his two brothers Gian Singh and Sarwan Singh, and, Surjit Singh, P. W. 4, and Jagit Singh, the brothers of Zora Singh and sons of Sarwan Singh. All of them also lived together in village Dhandri Kalan. The respondents and the acquitted accused persons are brothers who also lived in village Dhandri Kalan in District Ludhina. It is said that there had been a fight between Hari Singh, respondent, and Gian Singh deceased in 1968 which had been settled by the Panchayat. In 1969, sometime before the occurrence, another incident is said to have taken place. Jagjit Singh and Mukhtiar Singh, by show of force, were said to have carried away some 'toori' in a cart to their house against the wishes of Hari Singh, respondent, and another person in his company. Undoubtedly, the motive disclosed was not strong enough for a murderous assualt of a rather brutal kind on Gian Singh and Zora Singh. This, however is immaterial if the alleged eye-witnesses of the occurrence could be relied upon to establish the prosecution case. The whole question before the Courts was whether the three alleged eye witnesses. Zora Singh, P. W. 3, and Surjit Singh, P. W. 4, and Bachan Singh, P. W. 5, who are related to each other and the victims, as stated above could be relied upon, when corroborated by other facts and circumstances which may appear in the case, to sustain the conviction.

(3.) The prosecution case was that Gian Singh and Zora Singh had gone to their field for watering their sugar-cane crop in it on the evening of 18th June. 1969. At about 9. p.m. Bachan Singh, P. W. 5, and Surjit Singh, P. W. 4, are said to have carried the meals for Gian Singh and Zora Singh, who were at their field situated about "100 karams'' (nearly 200 paces) away from their tube well, which was, as is usual, lit up by electric light. After that, Gian Singh and Zora Sing went to sleep a few feet from each other at their tube well while Bachan Singh and Surjit Singh and said to have stayed on at the sugarcane field nearby. At about mid-night, Zora Singh is said to have got up to urinate, and to have just laid himself down on his cot after urinating when he saw the respondents and Milkiat Singh and Dalip Singh arrive with their weapons. Hari Singh is said to have struck his kirpan on the neck of Gian Singh, deceased, and Milkiat Singh is said to have struck Zora Singh on the right arm with his Gandasa, whereupon Zora Singh raised an alarm. All the four assailants then gave blows to the deceased and Zora Singh who had cried out: "Marditta- Marditta''. Bachan Singh, P.W. 5, and Surjit Singh, P. W. 4, rushed to their aid and alleged having seen the attack and the assailants running away. They found Zora Singh unconscious when they came near him. Gian Singh and Zora Singh were removed to a Hospital in Ludhina, where Gian Singh died at 5.45 a.m. The condition of Gian Singh, which was not such as to enable him to make a dying declaration, was described as follows: