TEJA SINGH Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) These two appeals, filed under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984, have been heard together as they stem from one the same judgment rendered by the Special Court, Ferozepore in Trial No. 112 of 1985. One of the appeals (Criminal Appeal No. 556 of 1985) is at the instance of Malkiat Singh and Mohinder Singh, son of Mukhtiar Singh, (hereinafter referred to as A1 and A2 respectively) who have been convicted under Section 302 read with 34 of the Indian Penal Code and sentenced to imprisonment for life and other (Criminal Appeal No. 539 of 1985) has been filed by Teja Singh (PW-2), the de facto complainant, assailing the acquittal of others arraigned in the trial and seeking capital punishment of the above two convicts. During pendency of these appeals A1 died and therefore his appeal abates. The prosecution case as recounted in the trial is as under :

(2.) The accused persons pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated owing to previous enmity.

(3.) To prove its case the prosecution relied, principally upon PWs2 and 3, who claimed to have been eye-witnesses to the murder. Both of them detailed the prosecution case as narrated earlier. As regards the motive PW-2 stated that two months prior to the incident in question A1 had launched a prosecution against him, the deceased and others for having assaulted him. Besides, a year before A2 and his nephew Mangal Singh had assaulted Sukhwinder Singh, brother of PW-3, and in the case that was filed over that incident PW-3 used to help Sukhwinder Singh in his capacity as the Sarpanch. The other material witness on whom prosecution relied was Dr. J.S. Gurjal (PW-1) who held the autopsy and also examined PW-3. According to PW-1 his post-mortem examination on the dead body of Ajaib Singh revealed the following injuries :-