STATE OF PUNJAB Vs. BHAJAN SINGH

JUDGEMENT

(1.) Bhajan Singh (60), his wife Charan Kaur (40), their son Surjit Singh (20) and daughter Jito (16) were convicted by the learned Sessions Judge, Amritsar for offences under Section 302 and Section 302 read with Section 34 Indian Penal Code on charges on triple murder of Harbans Singh (50), Bachan Singh (40) and Ishar Singh (12). Bhajan Singh and Surjit Singh were sentenced to death while Charan Kaur and Jito were sentenced to undergo imprisonment for life. Conviction was also recorded against the four accused under Section 201 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one year on that count. On appeal and reference, the Punjab and Haryana High Court acquitted all the four accused. The State of Punjab thereafter came up in appeal to this Court by special leave.

(2.) Harbans Singh and Bachan Singh deceased were brothers of Bhajan Singh accused. Ishar Singh deceased was the son of Hari Singh, a third brother of Bhajan Singh. Hari Singh died a few years before the present occurrence in Bihar. Harbans Singh and Bachan Singh were issueless. Bhajan Singh and his three brothers, Harbans Singh, Bachan Singh and Hari Singh owned about 14 1/2 acres of land in the village of Dhulka in Amritsar district. The case of the prosecution is that Harbans Singh, Bachan Singh and Ishar Singh were killed by the accused so that they might also get the share in the aforesaid land of the three deceased persons.

(3.) According to the prosecution case, for about 10 or 12 days before May 7, 1972, the three deceased persons were found to be missing. The three deceased persons used to live in a house in the fields at a distance of about 1 1/2 miles from the village abadi. Close to their house was the house of the accused. There was no other house nearby. When the three deceased persons were found missing for a number of days, Hari Singh (PW 1) who is a cousin of Bhajan Singh accused and Harbans Singh and Bachan Singh deceased, made a report at police station Jandiala on the morning of 7-5-1972. It was mentioned in the report that the three deceased persons had been missing and the informant apprehended that the accused might have done away with the deceased persons with a view to grab their share in the joint land. A ease was thereupon registered under Section 364 Indian Penal Code by Sub Inspector Partap Singh (PW 8).