AJIT SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS is a Regular First Appeal filed by Shri Ajit Singh son of Kashmir Singh and it has been directed against the judgment and decree dated 11.9.1978, passed by the Court of Sub Judge Ist Class, Zira, who, decreed the suit of the plaintiffs, for a sum of Rs. 60,000/- with costs against Ajit Singh the present appellant and his co-defendant Shri Baj Singh.

(2.) SOME facts can be noticed in the following manner. Plaintiffs, Manjit Kaur, Sukhraj Singh, Balwinder Singh, Rani and Smt. Tej Kaur are the legal representatives of Shri Jaswant Singh deceased. Smt. Jagir Kaur, Darshan Singh, Simro, Manjit and Smt. Ass Kaur, are the legal representatives of Gurnam Singh deceased and they filed a money suit jointly against the present appellant Ajit Singh and his co-defendant Baj Singh and claimed a sum of Rs. 60,000/- by way of damages on account of the murder of Jaswant Singh and Gurnam Singh.

(3.) THE brief facts of the case are that on 1.8.1972 at about 7.00 P.M., Gurdip Singh son of Vir Singh, resident of Rataul Bet, had gone to village Chakki (Flour Mill) when he found that the Chakki was closed so he started moving towards the village phirni, which was towards the North of the flour mill, in order to have a look at his paddy crop. On his way back to his house, he met Gurnam Singh and Jaswant Singh deceased, who were coming from the opposite direction. The deceased were followed by Sarvinder Singh son of Sajjan Singh and Bhag Singh son of Boota Singh at a distance of 4/5 karams. Gurnam Singh and Jaswant Singh deceased had hardly covered a distance of few karams after meeting Gurdip Singh and when they were adjacent to the flour mill of Kahan Chand, the present appellant and his companion Baj Singh armed with guns suddenly emerged from the nearby gali. They approached deceased Jaswant Singh and Gurnam Singh. Ajit Singh, present appellant, who, was armed with a single barre. 12 bore gun, raised a lalkara that Gurnam Singh and Jaswant Singh should not be allowed to escape and he simultaneously fired a shot from his gun, which hit Jaswant Singh on his forehead, face and chest. Immediately, thereafter, Baj Singh defendant, who was armed with a double barrel .12 bore gun, moved towards Gurnam Singh and fired a shot from his gun from point blank range on Gurnam Singh. On being hit, both Jaswant Singh and Gurnam Singh fell down on the ground. Baj Singh defendant fired another shot in the air and threatened the witnesses around not to approach them. Thereafter, the defendants left the place with their respective weapons. When Gurdip Singh, Sarvinder Singh and Bhag Singh came near Gurnam Singh and Jaswant Singh, they found them dead. Since the body of Gurnam Singh was found to be little warm, these witnesses removed turban of Gurnam Singh and bound it around his waist in order to stop bleeding. After leaving the dead bodies of the deceased in the custody of Sarvinder Singh and Bhag Singh, Gurdip Singh left for the police-station to report the matter. He reached the police- station at about 9.20 P.M. and lodged the first information report. The case was investigated. The post-mortem examination was conducted upon the dead bodies of the deceased. Ajit Singh defendant was arrested on 6.9.1972. Darshan Singh Inspector recovered a licensed gun along with licence and two cartridges from Ajit Singh. Baj Singh defendant could not be arrested and he was declared a proclaimed offender.