AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal under S. 14 of the Terrorist Affected Areas (Special Courts) Act, 1984 is directed against the judgment and order dated March 26, 1985 rendered by the Additional Judge, Special Court, Hoshiarpur convicting the appellant under S. 302 of the Indian Penal Code for committing the murder of his grand-father Mehar Singh on March 6, 1984 and sentencing him to imprisonment for life.

(2.) The prosecution case is that the deceased Mehar Singh owned 22. 1/2 killas of land in village Swal and 10. 1/2 killas of land in village Alfuke. About four years before his death Mehar Singh had divided his land in village Swal in three equal shares and given one share to his son Mangat Singh, another to his son Kirpal Singh, father of the appellant and retained the balance. While Mangat Singh, with whom Mehar Singh used to live cultivated his share of that land and also that of Mehar Singh, the appellant cultivated the land given to his father. Being apprehensive that Mehar Singh might give his share of land in village Swal as also his land in village Alfuke to Mangat Singh the appellant was putting pressure upon him for a moiety share in the land retained by him in village Swal and also the land in village Alfuke. Since Mehar Singh was not yielding to such demand the latter was very much annoyed with him.

(3.) On March 6, 1984, at or about 8 a.m. when Mangat Singh, his brother-in-law Hazara Singh and Mehar Singh Were returning from the tubewell in their village the appellant came from the opposite direction on a bicycle armed with a Kirpan. He stopped Mehar Singh, parked his bicycle by the side of the pathway and told him that as he had decided to transfer his share of land to Mangat Singh and did not accede to his demand he would not leave him alive. With these words he started inflicting repeated Kirpan blows upon Mehar Singh as a result of which he fell down dead. Before, however Mangat Singh and Hazara Singh, who were little behind Mehar Singh, could reach there the appellant fled away with the Kirpan through the fields leaving behind his bicycle, shoes and turban. Mangat Singh immediately left for the police station asking Hazara Singh to guard the dead body. On the way he met ASI Avtar Singh near village Mewa Singh Wala and narrated the incident to him. ASI Avtar Singh recorded the statement of Mangat Singh (Ex. P.F.) and sent it to the police station with his endorsement thereon (Ex.P.F.(18) (sic) to register a case. Accompanied by Mangat Singh, Avtar Singh then went to the spot, held inquest upon the dead body of Mehar Singh and forwarded it for post-mortem examination. From the spot he seized some blood stained earth, pair of shoes, bicycle and turban and then prepared a rough sketch plan.