JAGROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Jagroop Singh, Hardev Singh, Manjit Singh, Dalbir Singh, Jarnail Singh and Chinda Singh were booked by police of Police Station Sadar, Sri Muktsar Sahib in FIR No.295 dated 29.11.2002 for offences under Sections 307, 148, 149, 427 IPC and Section 27 of the Arms Act.

(2.) Briefly stated facts of the case are that criminal machinery in this case was set into motion by complainant Dal Singh son of Hamir Singh, resident of Village Bhagsar, District Sri Muktsar Sahib by making a statement to the police in which he contended that he has another brother by name of Jagroop Singh who is elder to him. In the year 1972, their father Hamir Singh had owned about 30 acres of agricultural land. Out of the said land, Sh. Hamir Singh retrained 10 acres with him as his share and gave 10 acres each to both his sons, namely Dal Singh and Jagroop Singh. At that time, Hamir Singh was residing with the complainant, since 05 acres of land share of Hamir Singh was to go to Jagroop Singh, so on 05.05.1997, Hamir Singh agreed to sell 37K-15M of land which was to go to share of Jagroop Singh in favour of Sarabjit Singh, son of the complainant, receiving Rs.95,000/- which he had handed over to Jagroop Singh. The remaining amount was deposited with the bank on account of installments of tractor of Jagroop Singh. Jagroop Singh had consented to that arrangement. After receiving the full consideration amount, Hamir Singh suffered a Civil Court decree with regard to 10 acres of agricultural land in favour of Sarabjit Singh on 01.08.1987. However, in the year 1996, Sh. Hamir Singh started residing with his other son Jagroop Singh and at his instance, he challenged the Civil Court decree which he had suffered in favour of Sarabjit Singh. Accordingly, the said decree was set aside by the Court. Sarabjit Singh son of the complainant had preferred an appeal against that judgment before District Judge, Sri Muktsar Sahib and an order directing the parties to maintain status quo was passed.

(3.) On 28.11.2002, the complainant accompanied by his son Sarabjit Singh, Kulwinder Singh son of Anup Singh and Gurmeet Singh son of Lachman Singh was present in his land adjoining thedisputed land. At about 8/9.00 PM, electric bulb of the tubewell room was glowing, then Jagroop Singh armed with a gandasa, Manjit Singh son of Jagroop Singh, Hardev Singh son of Jagroop Singh armed with Barchas and Dalbir Singh son of Hardev Singh armed with a Toka, Jarnail Singh son of Jangir Singh armed with a double barrel licensed gun, Chinda Singh armed with a gandasi accompanied by some other persons arrived there in a tractor trolley HMT 2511 belonging to Jarnail Singh. They started raising lalkaras. Jarnail Singh opened the attack and fired shots from 12 bore gun aiming those towards the complainant Dal Singh with an intention to kill him. The shots went past his ear. They also damaged his jeep bearing registration No.PAA-5800. All the accused raised lalkaras to kill them to get the possession of the land in dispute. When the complainant and other family members retaliated, then accused persons left the tractor trolley there and ran away. According to the complainant if he and persons along with him had not retaliated, then the accused/assailants might have caused injuries to them. Efforts for arriving at compromise between the parties were made but those did not prove to be fruitful. As such, the complainant informed the police in that regard.