LAWS(SC)-1998-3-33

JOGINDER SINGH Vs. STATE OF PUNJAB

Decided On March 06, 1998
JOGINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Leave granted. Heard learned counsel for both the sides.

(2.) This appeal by special leave is filed against the judgment of the High Court of Punjab and Haryana in Criminal Appeal No. 91-SB of 1986. The High Court confirmed the conviction of the appellants under Sections 147,353, 447 and 307 read with 149, I.P.C. but reduced their sentence to the period already undergone. The appeal to the High Court was against the judgment and order of the Court of Additional Sessions Judge in Sessions Case No. 9 of 1984. It was the prosecution case that a dispute was going on since 1981 between Ghala Singh and Balbir Singh on the one hand and Dayal Singh and Munsha Singh on the other, in respect of an agricultural land of village Bhadaur, Ghala Singh and Balbir Singh who belong to the faction of Sant Narain Singh were claiming that they are the owners and in possession of that land. Dayal Singh and Munsha Singh who belong to the faction of Sant Gurdev Singh were claiming that the land belongs to Gurudwara Nanaksar and it is cultivated by Daya Singh and Munsha Singh. There is a building in one corner of the said land and it is used as a That (a place where reading of the 'Holy Book' is done). This dispute led to initiation of proceedings under Section 145 of the Code of Criminal Procedure. The Sub-Divisional Magistrate, Barnala passed an order under Section 146 of the Code on 22-4-1983 to attach the said land and to give effect to that order appointed Naib Tehisildar, Lal Chand as the Receiver and ordered him to take its possession and manage it till the final order was passed. A police guard comprising Head Constable, Chanan Singh and Constables Pawan Kumar, Karnail Singh and Bhalinder Singh was also posted on that land to see that no breach of peace took place. Before the Receiver could take possession of the land the incident giving rise to this case happened. During the night between 24th and 25th April, 1983 at about 1.00 a.m. accused Joginder Singh along with a large number of persons belonging to the party of Sant Gurdev Singh went to the land in a truck and two jeeps. They had carried a saffron coloured 'Nishan Sahib' and were also armed with fire arms and other weapons. They wanted to fix the Nishan Sahib there to create evidence that they were in possession of that land. When they reached near the gate of the building Head Constable, Chanan Singh inquired about their identity and then tried to persuade them not to take forcible possession of the land in that manner. At that stage accused Joginder Singh raised a 'lalkara' that "come what may, we shall take possession and finish the dispute once for all". Joginder Singh and his companions then surrounded the building. Apprehending danger to their persons, Karnail Singh, Gurcharan Singh and Mohinder Singh who were present in a tent pitched on the adjoining land rushed to that building to take shelter therein. Joginder Singh and his companions made an attempt to enter into the building and also started firing towards the building at the same time. In order to save themselves Mohinder Singh, Karnail Singh and Gurcharan Singh who were armed with guns also started firing. As the situation became serious Head Constable, Chanan Singh instructed the three constables to take care of themselves and rushed to the Police Station for help. He reached there at about 1.30 a.m. and informed Sub-Inspector, Iqbal Singh about what had happened. Iqbal Singh registered an offence and then along with Head Constable, Chanan Singh and other policemen went to the place of the incident at about 3.00 a.m. By that time all except the three constables had left that place. Iqbal Singh inspected the scene of offence in the morning and found five dead bodies belonging to the party of Joginder Singh on that land outside the That. He also found one jeep lying there. After completing further investigation he charge-sheeted 19 persons.

(3.) In order to prove its case the prosecution mainly relied upon the evidence of the three eye-witnesses, namely, Head Constable Chanan Singh (PW-1) Constable Pawan Kumar (PW-2) and Constable Karnail Singh (PW-4). Neither Karnail Singh nor Gurcharan Singh nor Mohinder Singh was cited and examined as an eye-witness.