LAWS(SC)-1997-9-121

BHAG SINGH GURMUKH SINGH Vs. STATE OF PUNJAB

Decided On September 03, 1997
Bhag Singh Gurmukh Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is the story of a murder committed as revenge for another murder. The appellants were involved in the second murder and they challenged the conviction and sentence imposed on them by the Sessions court and confirmed by the High court in appeal.

(2.) The murdered person in this case was one Bagicha Singh. There was a dispute over one house building between the said Bagicha Singh and one Jagtar Singh which remained alive for some time. In that dispute, Karnail Singh (father of Accused 1 to 3 gave support to Jagtar Singh. In a previous incident, the said Kamail Singh was murdered and a criminal case was charge-sheeted against Public Witness 12 Balkar Singh, Public Witness 13 Swam Singh and Public Witness 14 Hardip Singh and some others.

(3.) According to the prosecution version the occurrence in this case happened on the night of 27/1/1985 at about 8. 00 p. m. when deceased Bagicha Singh was going in the company of Public Witness 12, Public Witness 13 and Public Witness 14 to their village. They were waylaid by eight assailants including the appellant herein near the yard of one Harbans Singh. Appellant Gurmukh Singh (A-1 made an exhortation to his companion assailants to carry out the onslaught for avenging the murder of his father Kamail Singh. A-4 Satnam Singh she at the deceased with a gun and A-1 Gurmukh Singh, A-3 Gurbinder Singh and A-6 Gurbux Singh attacked the deceased with kirpans and A-2 Harjinder Singh with a spear. A-5 Mohinder Singh and A-7 Darshan Singh dealt blows on Public Witness 13 Swam Singh with kirpans while A-8 Bhag Singh fired a gunshot at him. As the assailants thought that their mission was accomplished they all fled from the place with the weapons.