WASSAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant, Wassan Singh has brought in challenge his conviction and sentence as imposed upon him by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 637-DB of 1981. While allowing his appeal against conviction under Section 302, Indian Penal Code (in short IPC) the High Court has convicted him for the lesser offence under Section 304 Part I, IPC and sentenced him to undergo rigorous imprisonment for 10 years. The appellants grievance is that he is not liable to be convicted even under the said provision.

(2.) In order to appreciate the grievance of the appellant a few relevant facts leading to this appeal deserve to be noted at the outset. BACKGROUND FACTS : The appellant who was accused No. 1 along with two other accused Piara Singh and Charan Singh were charged with offences under Sections 302, 307, 325, 324, 323 read with Section 34 of the IPC on the allegation that on 11th January 1981 at about 6.00 p.m. in the area of village Nizamwala, in furtherance of their common intention which was to commit murder of one lady Smt. Bholan, the appellant did commit murder of the aforesaid Mst. Bholan by intentionally causing her death whereas the other two accused committed offences under S. 302 read with S. 34 of the IPC. Accused Piara Singh was also charged with an offence under S. 307, IPC for having fired a gun shot at one Hazara Singh with such intention and under such circumstances that if by that act he had caused the death of Hazara Singh he would have been guilty of murder while the appellant was charged with an offence under Section 307 read with Section 34, IPC. It was also alleged that at the same time and place in furtherance of their common intention accused Charan Singh voluntarily caused hurt to Hazara Singh by means of a gandasa, which is an instrument of cutting, and thereby committed an offence punishable under Section 324, IPC whereas appellant and Piara Singh accused were alleged to have committed offences punishable under Section 324 read with Section 34 of the IPC. They were similarly charged for an offence for having caused hurt to one Bachan Singh by means of a gandasa, which is an instrument of cutting. Appellant was also charged along with other co-accused for having committed an offence under Section 325 read with Section 34 of the IPC for having voluntarily caused grievous hurt to one Jagir Singh. Appellant was lastly charged with an offence under Section 27 of the Arms Act on the allegation that on the same date, time and place he had in his possession a single barrelled 12 bore gun with intent to use the same for an unlawful purpose, that is, to commit the murder of Mst. Bholan and that he actually used it for the above-said purpose thereby committing an offence under Section 325 of the IPC.

(3.) The prosecution story briefly is to the effect that accused Charan Singh is the sisters son of Piara Singh accused and the appellant who belongs to village Baghewala, is their partyman. That prosecution witnesses, Bachan Singh and Hazara Singh, are the real brothers and Mst. Bholan deceased was the wife of Hazara Singh and Jagir Singh is the nephew of Bachan Singh, Piara Singh is the cousin of Hazara Singh and Jagir Singh is the nephew of Hazara Singh. That PW Bachan Singh was to celebrate Lohri festival in connection with the birth of his grand-child. He went to Jagir Singh at village Akku Masteke on 10th January 1981 to request him (Jagir Singh) to join the celebration of Lohri festival at his house. On 11th January 1981 at about 9.00 a.m. Jagir Singh came to the house of Bachan Singh and remained there up to 6.00 p.m. in connection with the distribution of sweets on the occasion of the birth of his (Bachan Singhs) grand-child. At about 6.00 p.m. Hazara Singh, his wife Mst. Bholan, his brother Bachan Singh came out of the house along with Jagir Singh to see the latter off. They were standing in front of the gate of his (Hazara Singhs) house. At that time electric light which was fitted at his house, was illuminating in which a human being could be identified. Jagir Singh was going to connect his tractor with his trolley. Meanwhile, Piara Singh accused armed with his D.B.B.L. gun, Wassan Singh accused armed with a single barrelled gun and Charan Singh accused armed with gandasa came to the house of Hazara Singh and Bachan Singh raising lalkaras. Charan Singh accused raised a lalkara that he and his companion co-accused were going to teach Hazara Singh and others a lesson for parking the tractor trolley in the lane. Piara Singh accused opened the attack by firing from his D. B. B. L. gun towards Hazara Singh. However, the fire missed the target as he (Hazara Singh) had knelt down to save himself and the fire passed over his head. Thereafter appellant fired from his single barrelled gun and the shot hit Mst. Bholan deceased near het pelvic region. On receipt of this injury, she fell down on the gound. Thereafter Charan Singh accused dealt a gandasa blow on the head of Bachan Singh from its sharp side. Meanwhile Piara Singh accused dealt blow with the butt of his gun on the left hand of Jagir Singh and another blow from the said butt on his right ear. Then Charan Singh accused dealt a gandasa blow on the head of Bachan Singh from its reverse side. Thereupon Hazara Singh, Bachan Singh and Jagir Singh raised raula and on this, the accused decamped with their weapons. Before that, Bachan Singh and Hazara Singh also caused injuries on the person of appellant in their self-defence. Thereafter the PWs arranged a car in which Bholan was placed. Bachan Singh and Hazara Singh accompanied her to Civil Hospital, Ferozepore, at a distance of 147 15 kilometers. The car left village Nizamwala at about 6.45 p. m. but Bholan died on the way at a distance of 6/7 miles near village Sodhiwala, on their way to the Hospital.