SANTOKH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 36 of 1979, Darshan Singh v. State of Madhya Pradesh, as both the appeals arise out of the same incident.

(2.) The four appellants Santokh Singh, Bahadur Singh, Nirmal Singh and Darshan Singh, have come up in appeal against their conviction and sentences awarded by the learned Additional Sessions Judge, Bhind, by his judgment, dated 31-1-1979, in Sessions Trial No. 65/1978, whereby the appellant Darshan Singh has been sentenced under S. 302, Penal Code, to suffer life imprisonment for the murder of Tek Singh. The four appellants have been sentenced to suffer five years' rigorous imprisonment under S. 307/34, IPC, for attempting to murder Charan Singh (P.W. 13). Appellant Darshan Singh has also been sentenced to undergo rigorous imprisonment for one year under S. 25(1)(a) of the Arms Act. All the sentences are to run concurrently. The three appellants Santokh Singh, Bahadur Singh and Nirmal Singh have been acquitted of the charge under Section 302/34, IPC. Co-accused Preetam Singh and Kabul Singh have been acquitted of the charge under S. 25(1)(b) of the Arms Act.

(3.) Some notable facts of the case are that co-accused. Preetam Singh and Kabul Singh (who have since been acquitted) are real brothers. Appellants Santokh Singh and Darshan Singh are the sons of Preetam Singh whereas appellants Bahadur Singh and Nirmal Singh are that of Kabul Singh. Preetam Singh and Kabul Singh had also a third brother Fakhar Singh who is since long dead. Fakhar iSingh's widow Harbans Kaur had re-married Preetam Singh and they lived peaceably for 20 years as husband and wife, begetting four children. About a year before the incident (which took place on 8-4-1978) Mst. Harbans Kaur had gone over to Charan Singh(P. W. 13) and started cohabiting with him as his wife. Charan Singh (PW. 13) holds a power-of-attorney for Mst. Harbans Kaur and manages her land which came to her share from her first husband. Over the dispute of land, there is no love lost between Charan Singh (P.W. 13) and the family of Harbans Kaur's first husband's brothers.