LABHU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19-4-1979 passed by the High court of Punjab and Haryana in Criminal Appeal No. 1300 of 1976. By the impugned judgment, the High court affirmed the conviction and sentence passed against the appellants by the learned First Additional Sessions Judge, Ludhiana on 28/8/1976 in Sessions Case No. 55/20 of 1976 (Sessions Trial No. 33 of 1976. Out of the four appellants before this court, Appellant 1 Labhu Ram died during the pendency of this appeal and the present appeal now concerns Appellants 2 to 4. It may be stated here that the three appellants were sons of Labhu Ram deceased and they were convicted by the trial court for offences under S. 302/34, 323/34 and 201/34 of the Indian Indian Penal code, 1860 and were sentenced to suffer imprisonment for life for the offence under Section 302 read with Section 34 and a fine of Rs. 500. 00 and in default further imprisonment for six months; sentence of six months' RI under Section 323/34 Indian Penal Code and sentence of RI for one year under Section 201/34 Indian Penal Code. Gurdial Singh was further sentenced for one year RI under Section 323 Indian Penal Code for causing injury on Bhagwan Kaur, wife of the deceased Bhanan Singh. Malkiat Singh and Darshan Singh were sentenced to suffer Rl for nine months under Section 323/34 Indian Penal Code and it was directed that the said sentences to run concurrently.

(2.) The prosecution case in short is that there was a house belonging to Hari Singh and Mehar Singh who were tailors by profession. A day before the occurrence the said house was purchased by Bachan Kaur, wife of Gurdial Singh for a consideration of Rs. 10,000. 00. In the sale deed there was a recital that the purchaser herself would obtain the actual physical possession. Only symbolic possession was given to the said purchaser. It is the prosecution case that Public Witness 5 Piara Singh was the tenant in the said house on a monthly rent of Rs. 80. 00. The appellants in a bid to obtain actual physical possession after the purchase demolished a wall and a door of the said house in the evening of 9/2/19766. Piara Singh thereafter sought the help of the deceased Bhanan Singh, Dr Kewal Krishan Sood Public Witness 7 and Darshan Singh. The said persons inquired from the appellants as to why they had demolished a portion of the said house to which they had received the reply that since the appellants became the owners by purchase they would take possession. The deceased and the said other persons intervened in order to settle the matter amicably and desired to see the registered sale deed and the matter was postponed for such settlement on the next day. On the early morning of 10/2/1976 at 4 a. m" the appellants came in front of the house of the deceased Bhanan Singh and started hurling abuses on him. Darshan Singh at that time was armed with a sua and the remaining appellants had lathi in their hands. They asked Bhanan Singh to come out of the house and to see the consequences for rendering help to Piara Singh. Bhanan Singh and Public Witness 4 Bhagwan Kaur then came out of the house. Piara Singh andgurdev Singh also came out of their houses. They tried to persuade the appellants not to hurl abuses. On this Darshan Singh gave a blow with the sua on the head of the deceased Bhanan Singh, but the weapon missed the head and the dang portion of the sua hit the head. Gurdial Singh also hit Bhanan Singh with lathi on the right leg. Malkiat Singh gave lathi blow on the back of Bhanan Singh deceased. When Bhagwan Kaur, Piara Singh and Gurdev Singh advanced to intervene, they were also given blows by Gurdial Singh. Thereafter, the other appellants gave blows to Piara Singh. The accused gave some more blows to Bhanan Singh, when he had fallen. According to the prosecution case the incident had taken place near the house of Bhanan Singh and the house of the appellants was at a distance of about 60 yards from the said place. Bhanan Singh died at the said spot and the appellants then carried away his body to their house.

(3.) Bhagwan Kaur Public Witness 4 lodged the FIR at the Police Station Industrial Area, Ludhiana, shortly after the incident at 5 a. m. It may be stated here that the distance of the police station was one mile from the spot. The copy of the FIR was received by the Magistrate at Ludhiana at 7 a. m. on the same day.