MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984 is directed against the judgment and order dated May 18, 1985 in case No. 76 of 1984 whereby the Special Court, Ferozepur convicted and sentenced the four appellants under Sections 302/34 and 307/34 IPC and further convicted and sentenced the appellant Nazar Singh under Section 25 of the Arms Act, 1959, while acquitting two others.

(2.) (a) Teja Singh (the deceased) was the brother of accused Major Singh, Nazar Singh (two of the appellants before us) and Charan Singh (since acquitted). According to the prosecution case the house of the above three accused persons is behind the house of Teja Singh. They had put that house under lock and key and constructed another house on a plot which was jointly owned by them and Teja Singh. Teja Singh and his sons had requested them to hand over their house in the village abadi to them in lieu of their house constructed on the joint plot. The accused persons, however, did not agree to the proposal and over this issue their relationship became strained.

(3.) On March 22, 1984 at or about 6 A.M. Jalour Singh (P.W.4), Harnek Singh (P.W.9) and Joginder Singh (P.W.10), the three sons of Teja Singh, were returning to their house after irrigating their land. When they were about to enter their house the above named three accused persons along with Daroga Singh, Tara Singh (the other two appellants) and Mohan Singh (since acquitted) who were their friends, suddenly came out of the deori, near the house of Teja Singh armed with various weapons. While four of them, namely, Major Singh, Daroga Singh, Tara Singh and Madan Singh were armed with gandasas,, Charan Singh had a pistol and Nazar Singh had a barchha with him. On being instigated by Charan Singh, Nazar Singh opened the attack by giving two blows with the barchha on Harnek Singh whereupon he fell down. Then Tara Singh and Daroga Singh started assaulting Joginder Singh with their respective gandasas. Nazar Singh also gave a barchha blow on the right leg of Joginder Singh. When, on hearing the alarms raised by his sons, Teja Singh came out of the house with a takwa Nazar Singh gave one blow on his forehead and Tara Singh another on his left leg with their respective gandasas felling him down. Thereafter the accused persons, except Charan Singh, caused further injuries to all the three victims with the weapons they were carrying. Gurdev Kaur, wife of Teja Singh, then came out of the house but seeing the accused went back inside and closed the shutters out of fear. The accused persons however unhinged the shutters, brought her out and started beating her with their weapons resulting in her instantaneous death. The accused persons then fled away with their weapons. In the meantime, Teja Singh had also succumbed to his injuries.