KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants-accused Nos. 1 and 2 respectively were put up for trial before the Judge, Special Court, Ferozepur for offences punishable under Ss. 302/34 and 363 of the IPC. They were tried by the Special Court, under the Terrorist Affected Areas (Special Courts) Act. The appellants have filed this criminal appeal under S. 14 of the Terrorist Affected Areas (Special Courts) Act.

(2.) The prosecution case may be summarised as under:- Karam Singh (A-1) is the father of Piara Singh (PW.2), Sardara Singh (A-2) was the employee of A-1. There was a dispute between A-1 and Piara Singh (PW 2) as regards the partition of the property. Jagir Singh (since deceased) was related to them. He intervened in the matter and effected a partition between A-1 and Piara Singh (PW-2). A-1 felt that the said partition was totally inequitable and Jagir Singh had shown favour to Piara Singh (PW 2) being related to him through his wife. A-1 and Piara Singh (PW 2) reside in village Badhani Kalan. Piara Singh (PW 2) owned a saw mill. Sukhdial Singh (PW 3) used to work in the saw mill. It is alleged by the prosecution that on April 13, 1984 in the evening, Jagir Singh had come to the saw mill of Piara Singh (PW 2). At that time Sukhdial Singh (PW 3) was also present on the saw mill. At about 8-00 p.m. Piara Singh (PW 2) left his saw mill to bring food from his house. A-1 at the relevant time was also having a shop adjacent to the saw mill and used to sell fuel wood. A-1 in the meantime came to the saw mill with naked kirpan along with A-2, A-1 raised lalkara that they would teach Jagir Singh a lesson for favouring Piara Singh while effecting the partition. Suddenly A-1 and A-2 dragged Jagir Singh forcibly to the ahata of A-1. Sukhdial Singh (PW 3), when noticed the incident, requested A-1 and A-2 not to do so. Noticing the conduct of A-1 and A-2, Sukhdial Singh (PW 3) went to the ahata of A-1 and knocked the door but nobody responded. Realising danger to the life of Jagir Singh, Sukhdial Singh (PW 3) went to inform Piara Singh (PW 2) about the incident. Piara Singh (PW 2) then went to the police station. Badhani Kalan and lodged the FIR Ex. P2 at about 9-00 p.m. The special report was then despatched to the Illaqa Magistrate at about 11-30 p.m. Hans Raj, ASI (PW 5) accompanied by Piara Singh (PW 2) and other police officials went to the spot. A-1 was then found locking his ahata and A-2 standing by the side. Both the accused came to be arrested. The police party then noticed the dead body of Jagir Singh which was lying in the ahata. Crime was then altered to one under S. 302 of the IPC. Hans Raj, ASI (PW 5) commenced the investigation. During the investigation, parna Ex. M/0/5 of A-2 was seized since it was stained with blood. Dang Ex. M/0/4 which was then with A-2 was also seized. Seizure panchanama was then effected. After completing the necessary investigation, both the accused were put up for trial and they came to be charge sheeted for offences punishable under Ss. 302/34 and 363 of the IPC.

(3.) Both the accused denied the charge and according to them, they have been falsely implicated in the present crime. They pleaded that they are innocent and they be acquitted.