JUMMAN BANSA HAZARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In Sessions Case, No. 41 of 1955 before the Additional Sessions Judge of Amritsar, the accused persons were Jumman, Darshu and Chanan sons of Isher, Sohan alias Sohni son of Thakar, Bansa son of Isher and Hazara Singh son of Jetha, charged with various offences. All the accused were charged under S. 302/149, as well as for the offence of rioting under S. 148, I.P.C. Jumman, Darashu, Chanan and Sohni wore also charged under S. 302, I.P.C. for having committed the murder of Tara Singh, Lakhe Singh and Sangha Singh, Bensa and Hazara Singh were charged under S. 307/34, I.P.C., for having attempted to commit the murder of Mohindar Singh, Kartar Singh and Nand Singh. There were also certain additional charges which, it is unnecessary, to refer in detail. The learned Sessions Judge found all the six guilty and sentenced Jumman, Darshu, Chanan and Sohni to death and Hazar Singh and Bansa to imprisonment for life for the offence under S. 302/109, I.P.C., and to imprisonment for a period of 5 years for an offence under S. 307/34, I.P.C. Against these convictions and sentences chanan, Darshu and Sohni preferred Criminal Appeal No. 14 of 1956 in the Punjab High Court at Chandigerh., Criminal Appeals Nos. 30 and 32 of 1956 were filed, by Jumman, (Cr. A. No. 30 of 1956), by Jumman, Darshu, Chanan, Sohni, Bansa and Hazara ( Cr. A. No. 32 of 1956) respectively. All these appeals were heard together and a common judgment, delivered by the learned Judges of the High Court by which the convictions of all the appellants were confirmed but the sentence of death passed on the 4th accused Sohni was reduced to imprisonment for lift on account of his youth. The sentences on the other accused were confirmed. Special leave having been granted by this Court to Jumman, Darshu and Chanan, Criminal Appeal No. 129 of 1956 is in consequence of that and Criminal Appeal No. 153 of 1956 is by Bansa. Hazara Singh had applied for special leave to appeal by Criminal Miscellaneous Petition No. 568 of 1956 and for the reasons given by us at the time of the hearing, special leave to appeal was granted to him.

(2.) It will thus be seen that Sohni is no longer before the Court and that only the case of the other five accused need be considered. Jumman, Dershu, Chanan and Bansa are brothers and Hazara Singh is stated to be a relation of their father.

(3.) The rioting and murders, which have given rise to the prosecution took place in the village Attlalgarh at about 8-30 A. M. on 25th February 1955, and according to the prosecution case three individuals namely Lakha Singh, Tara Singh and Sangha Singh, lost their lives in the conflict. There is a background put forward for the offence and it is as follows -