STATE OF HARYANA Vs. GURDIAL SINGH

JUDGEMENT

(1.) Pargat Sinha (31) of village Taraori was convicted by learned Sessions Judge Karnal under Section 302 Indian Penal Code and was sentenced to death. Gurdial Sinha (35) of village Ramana was also tried along with Pargat Sinha and was convicted under Section 302 read with Sec.34 Indian Penal code. He too was sentenced to death. On appeal and reference the Punjab and Haryana High Court set aside the conviction of both the accused and acquitted them. The State of Haryana has filed these appeals against the acquittal of the two accused by special leave.

(2.) The prosecution also filed charge sheet against Gurdial Singh of village Taraori, a brother of Pargat Singh accused, but as he was found to be insane, the committing magistrate directed that his case be separated and a separate challan be filed against him. The said Gurdial Singh of village Taraori was, in the meanwhile, directed to be sent to the hospital for his treatment.

(3.) The prosecution case is that Avtar Kaur (PW 3) was married about 33 years ago to Gurinder Singh of village Shamgarh. Gurinder Singh was one of the biggest landlords of Karnal district and belonged to a family of Chiefs. About four years after the marriage, Lal Singh, who was aged 65 or 70 years at the time of the present occurrence, was brought by Gurinder Singh to reside with him in Shamgarh Lal Singh was previously in the service of the mother of Avtar Kaur. Lal Singh was respected like a Guru and was known as Dadaji Gurinder Singh used to consult Lal Singh deceased with regard to his affairs and generally acted upon the advice of Lal Singh. When a ceiling on lands was imposed, Gurinder Singh, with a view to save some land and prevent its being declared surplus, transformed 23 acres of land situated in village Taraori to Pargat Singh accused and an equal area of land in that village to Gurdial Singh brother of Pargat Singh. Pargat Singh and Gurdial Singh were sons of Sher Singh maternal uncle of Gurinder Singh and used to reside with him. After the land had been transferred by Gurinder Singh to Pargat Singh and Gurdial Singh, they shifted to village Taraori which is at a distance of about 4 miles from Shamgarh. They however, used to visit Shamgarh off and on.