GURJIT SINGH ALIAS GORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred by the accused Gurjit Singh alias Gora and Surjit Singh alias Sukha, from the Judgment of the High Court of Punjab and Haryana at Chandigarh, convicting the appellants ­ accused under Section 302 read with Section 34 of the Indian Penal Code [hereinafter referred to as "IPC"] for the murder of Jagsir Singh on 17.10.1998 at about 2.15 pm at village Ganga (Dabwali), District Sirsa, Haryana. The relationship between the parties is as follows: <IMG>JUDGEMENT_2_LAWS(SC)3_2015.jpg</IMG>

(2.) According to the prosecution, on 17.10.1998 at about 2.15 p.m., Jagsir Singh left his home to go to a shop for purchasing Zarda (chewing tobacco). His house was adjacent to the house of the accused. Soon thereafter, his brother Mander Singh (PW13), his wife Sukhwinder Kaur (PW14) and Paramjit Kaur heard hot words being exchanged between Jagsir Singh (deceased) and the accused. Mander Singh along with Sukhwinder Kaur went out of their house to see as to what had happened. They saw that the accused had surrounded Jagsir Singh. Accused Gurjit and Surjit were armed with 'kassis' (spades) whereas Gurdial Singh, the father of the accused and Surjit Kaur, their mother, were unarmed. Gurdial Singh and Surjit Kaur exhorted Gurjit and Surjit that Jagsir Singh be taught a lesson for bringing the 'Kanungo' (revenue inspector) to the village for demarcation of their property. Gurjit then struck Jagsir Singh on the back of his head with a 'kassi', causing him to fall. Thereafter, Surjit also struck Jagsir Singh on his face with a 'kassi.' Accused Surjit Kaur then dragged Jagsir Singh towards the village lane.

(3.) As per the prosecution, Mander Singh (PW13), the brother of the deceased and Sukhwinder Kaur (PW14) had been restrained by the accused Gurdial Singh and his wife Surjit Kaur from approaching the site where Jagsir Singh had been cornered by the accused brothers. Mander Singh and Sukhwinder Kaur made frantic calls for help, thereby attracting many people from the locality to the scene of the incident. The accused escaped from the scene with their weapons.