GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave on behalf of two brothers, Gurucharan Singh and Jagir Singh, who have been convicted under S. 302, Penal Code and sentenced to transportation for life by the Second Additional Sessions Judge of Ferozepore. Their convictions and sentences have been upheld by a Division Bench of the Punjab High Court by its judgment dated 30-6-1954. The petitioners had been placed on trial along with two others, named Harnek Singh and Munshi. All these four had been convicted and sentenced, as stated above, by the learned Sessions Judge; but on appeal, the High Court gave Harnek Singh and Munshi the benefit of the doubt and acquitted them.

(2.) The prosecution case, shortly stated, is that on 2-9-1953 the two petitioners along with the other two accused, who were acquitted as aforesaid by the High Court, left their village called Sanghu Dhawan, all armed with 'gandasas' and were seen proceeding towards Muktsar town, about three miles away. A short time after, Inder Singh accompanied by his son, Gurucharan Singh (P. W. 2) and Mohinder Singh (P. W. 4), who also belonged to the same village, left for Muktsar to purchase some chemical manure on a permit by the agriculture department. Inder Singh proceeded ahead and the other two were behind him at a short distance. As soon as Inder Singh reached a certain bridge on the way to Muktsar, about a mile from ;the village, the four accused, who were lying in ambush in a neighbouring 'bajra' field, came out of the field and attacked him. Gurucharan Singh, the first appellant, opened the attack with a 'gandasa' blow on his head. He was followed by Jagir Singh, accused who dealt some 'ganadasa' blows on his leg. Inder Singh fell down and all the four accused were said to have attacked him with 'gandasas' causing as many as 27 injuries on his person. Inder Singh's two companions, Gurucharan Singh and Mohinder Singh aforesaid, raised an alarm but were helpless spectators, who being unarmed, could not venture to come to his rescue. Further it was stated by the prosecution witnesses aforesaid that while there was life still left in Inder Singh, accused Jagir Singh chopped of their victim's head from the body just above the lower jaw and wrapped the head along with the turban in the 'chaddar' of the deceased. Raman Singh and Hari Singh (P. Ws.) who were returning from Muktsar, claimed to have seen the last part of the prosecution case, namely, that the four accused were seen making away with the head wrapped in a piece of cloth. Gurnam Singh (P. W. 2) hastened to the police station and lodged the first information report at 5 P. M. the same afternoon, the place of occurrence being noted as a mile and a half towards the east of the police station. The time of the occurrence is not specified except saying that it was in the afternoon. In the first information report all the four accused persons were named and said to have conspired to kill Inder Singh. The prosecution version as laid in the first information report is substantially as stated above. As regards the motive of the crime, it is said in the first information report "All the four culprits suspected my father of his having given a secret information against them".

(3.) At the trial Gurnam Singh (P. W. 2) and Mohinder Singh (P. W. 4) deposed as eye-witnesses to the occurrence from beginning to end, whereas Raman Singh (P. W. 6) and Hari Singh (P. W. 7) deposed to the last part of the prosecution case as having witnessed the occurrence on hearing an alarm from about 100 to 150 yards. They claim to have seen all the four accused armed with 'gandasas' and Jagir Singh wrapping the head in a piece of cloth.