BHAG SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is appeal by Bhag Singh, Pritam Singh, Mehar Singh and Mundar Singh. Bbag Singh has been convicted Under Section 302, Indian Penal Code and sentenced to death and to pay fine of Rs. 1500 or in de-fault of payment of fine to suffer rigorous imprisonment for two years for the murder of Harbans Singh while Mehar Singh, Pritam Singh and Mundar Singh have been convioted Under Section 302 read wiih Section 34, Indian Penal Code and eaob of them has been sentenced to imprisonment for life and to pay fine of Rs. 500 or in default of payment of fine to further undergo rigorous imprisonment for one year for that murder. For the murder of Basant Singh, Mehar Singh has been oonvicted Under Section 302, Indian Penal Code and sen. tenoed to death and to pay one of Rs 1500 or in default of payment of fine to suffer rigorous imprisonmsnt for two j ears while Bbag Singh,. Pritam Singh and Mundar Singh have been oonvicted Under Section 302 read with Section 34, Indian Penal Code and eaoh of them has been sentenoed to imprisonment for life and to pay fine of Rs. 500 or in default of pay. ment of fine to further suffer rigorous impri. sonment for one year. All the substantive sentences of imprisonment have been directed to run concurrently. One moiety of the fine, as and if recovered, from the various appellants has been directed to be paid to tbe heirs of both the deceased. Murder reference is also before us for confirmation of the death sentences of Bhag Singh and Mehar Singh.

(2.) THE facts of the prosecution case are as under: Bhag Singh and Fritam Singh are brothers. They are sons of Atma Singh. Mehar Singh is their partisan. They are residents of village Gholia Khurd. Mundar Singh is the son of sister of Bhag Singh and Pritam Singh. He is resident of village Bargari. The two deceased are also residents of village Gholia Ehurd. They are tons of Maghar Singh. They resided together with their mother Smt. Aas Eaur. Their house is contiguous to the house of Bhag Singh and Pritam Singh. On account of dispute over land between Mehar Singh appellant and Gurdev Singh brother of Maghar Singh, the relations between Gurdev Singh and Mehar Singh became strained and security proceedings had to bs initiated against Gurdev Singh and others on the one hand and Mehar Singh appellant and his brother Mukhtiar Singh on the other. The deoeabed were supporting Gurdev Singh. On September 6, 1969, the appellants were sitting on the roof of the house of Bhag Singh. They started taking liquour at 5 p. m and continued till 7 p. m. Bhag Singh was armed with a 12 bore single barrelled licenced gun. Mehar Singh was also armed with a 12 bore single barrelled gun. Pritam Singh was having a spear in his hands while Mundar Singh carried a dang. The deoeased and their mother were present in the court-yard of their house. While in drunken state, the appellants started throwing gargles in the court-yard of the bouse of the deoeased. One of the gargles fell on Harbaus Singh deceased. Both the deoeased objected to that type of behaviour of the appellants and told them not to throw gargles into their court-yard. The appellants Game from their roof to the roof of the kitohen in the houee of the deceased and hurled abuses. Hearing noisy dialogue between the deceased and the appellants, Jarnail Singh and Surjit Singh, neighbours of the deoeased, came into the court-yard of the house of the deceased. The two deceased asked the appellants to go away to their own house. Upon this, Bhag Singh fired a shot with his gun. It hit Harbans Singh on his right thigh. Harbans Singh fell down. When Basant Singh was about to lift Harbans Singh, Pritam Singh Mundar Singh and Bhag Singh raised lalkara Baying that Basant Singh should not be allowed to esoape. Mehar Singh then fired a shot with his gun hitting Basaut Singh on his back. Thereafter, the appellants ran away. On being informed of the occurrence, Lachhman Singh Sarpanch and Bant Singh Panoh arrived in the oourt-yard of the house of the deceased and saw them lying injured. Both the deceased in that injured condition accompanied by Smt. Aaa Eaur were carried in the tractor of Pritam Singh to Bagha Purana. The deceased, however, suocumbed to the injuries on the way. Report of the occurrence was lodged by Smt. Aas Eaur at 10 p. m. at Police Station, Bagha Purana. The distance between the Police Station and the village of ocourrence is 7i miles. After preparing the inquest reports and injury statements of the deoeased, their bodies were sent for pout mortem examination to the Civil Hospital at Moga. Bahal Singh, Sub. Inspector proceeded to the place of occurrence. He colleoted blood-stained earth from the courtyard of the house of the deceased. He also secured three empty-cartridges. Exhibits P. 13-1-3 lying on the toof of the house of Bhag Singh close to the side to the house of the deoeased. Memo pertaining to the former is Exhibit P. N. while thai; relating to the latter is Exhibit P. Q Both are attested by Jarnail Singh and Jai Singh. . The bodies of the deoeased and the aocom. panying inquest reports and the injury statements were reoeived in the Civil Hospital by Dr. Section 0. Garg at 6. 30 am, on September 7, 1969. On examination of Harbans Singh deceased at 8 25 p. m. on that day, he found one gun shot wound on the right thigh 8" from the anterior superior iliao ppine with a oentral wound having dimensions of l" x lj" with multiple pellet wounds around it in an areas of 7" x 12", He perceived the presence of one pellet under the skin on the posterior aspect of the thigh. He reoovered two wads, one circular and the other corrugated and a piece of cloth from the central wound. He notioed the femoral vessels lacerated upto length of 2" apart from extensive laceration of muscles and tissues in the region of the wound. He found pallor of traohea and the pallor of right lungs. The chambers of the heart were empty and the stomach was full of food and water with very early stage of digestion. He gave the opinion that the death of the deceased occurred due to shock and haemorrhage because of laceration of femoral vessels caused by gun shot injury. On the same day, there was performed the post-mortem examination of Basant Singh deoeasad. The doctor noticed multiple pellet wounds on the back of the right chest upto iliao crest and across the mid. line extending to the lumbar region over an area of 13" X 10", The pellet wounds were probed deep down. He noticed 8th, 9th and 10th ribs of the right Bide of the chest fractured and pleural adhe. aions on the left eide, The right pleura was injured with pellets. There were observed eight pellet wounds on the back and lower part of the right lung. The right auriole of the heart had small amount of blood. Some pellets were notioed, lodged in the posterior aspect of the anterior abdominal wall with corresponding wounds. Perforations were notioed in ihe peritoneum and in small and large intestines. Liver was extensively lacerated. Two pellets were found lodged in the spleen causing pellet wounds. Right kidney had multiple pellet wounds with dots. The doctor gave the opinion that the oause of the death was haemorrhage and shook due to the gun-shot injury suffered by the deceased and oausing damages to the internal viecera. Bhag Singh and Mundar Singh were arrested ' on September 11, 1969. When apprehended, Bhag Singh carried on his person gun Exhibit P. 12. It was taken into possession. Memo pertaining to its reoovery is Exhibit P. L. Pritam Singh and Mehar Singh were arrested on September 21, 1969. The gun and the three empty cartridges were sent for examination and test to the Ballistic Expert at Ohandi. garb on September 26, 1969. Shri J. K. Sinha, Assistant Director, Forensic Science "laboratory, Chandigarh gave the opinion that the three empties had been fired from gun -Exhibit P. 12 reoovered from Bhag Singh.

(3.) AT the trial, the oaae of the prosecution was supported by the testimony of Srat. Aas Kaur P. W. 12, Surjit Singh P. W. 13 and Jarnail Singh P. W. 14 as eye-witnesses, re-ooveries and the medical evidence.