AMAR SINGH RANDHAWA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On March 20, 1971 three persons were murdered and three others injured in an incident in village, Chalela in District Patiala. The names of the persons murdered are Bakhtawar Singh, Amar Singh who was Sarpanch of the village, and Gurdev Singh. Those who were in jured are Harnek Singh (P. W. 7), Amrik Singh (P. W. 2) and Ujjagar Singh (P. W. 6). Ten persons including the seven appellants before us were arrested in connection with the crime and tried by the Additional Sessions Judge, Patiala, and convicted as follows:

(2.) The Punjab and Haryana High Court at Chandigarh hearing the appeal preferred by the accused and the reference for confirmation of the sentence of death passed on Amar Singh Randhawa and Gurmit Singh, Acquitted three of the accused, namely, Dharampal Singh. Gurnam Singh and Rattan Singh. The High Court held that the others were rightly convicted and dismissed their appeals but reduced the sentence of death both in the case of Amar Singh Randhawa and Gurmit Singh to imprisonment for life. The seven accused whose conviction was affirmed by the High Court are the appellants before us.

(3.) Before we proceed to state the prosecution case, it would be convenient to refer to the injuries found on post-mortem examination on the bodies of Bakhtawar Singh, Amar Singh Sarpanch and Gurdev Singh and also on the person of the three who were injured. Dr. Tuli (P. W. 5) who on March 21, performed autopsy found seven injuries on the body of Bakhtawar Singh including two incised wounds on the scalp and fracture of the skull bones. Death, according to the doctor, had resulted from the fracture of the skull bone and consequent injury to the brain. Amar Singh Sarpanch had nine injuries on his body including three incised wounds on the scalp fracture of the skull bone and an incised wound on the left leg which is described as follows: "1/2" x 1/4" incised wound in front of left leg in lower third gun shot". According to the doctor death in this case resulted from the fracture of the skull bones and haemorrhage due to the injuries on the head. On Gurdev Singh were found several incised wounds on different parts of the body, and fractures including fracture of the skull bones caused by some blunt weapons. The injuries on the legs are described as follows: "1/2" x "1/4 incised wound 1" above the left ankle with fracture of left fibula gun shot" and "1/2" x 1/4" 2 wounds in the front right leg at a distance of 2" from each other gun shot". In the opinion of the doctor the fracture of the skull bones and injuries to blood vessels were the cause of death.