JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED appellants Balwant Singh and Jai Singh are both sons of Ajmer Singh. Ajmer Singh their father was lessee of 16/17 killas of panchayat land in village Mohan for two years from 1982 to 1984. Thereafter the Panchayat decided to get this land vacated from Ajmer Singh and get eucalyptus tress planted therein from the Forest Department. They obtained an order of ejectment against. Ajmer Singh in February, 1985. Ajmer Singh then filed a civil suit for restraining the Panchayat from planting eucalyptus trees in the aforesaid land. This was dismissed in June, 1985. Thereafter the Panchayat got eucalyptus trees planted in their land from the Forest Department; after getting it vacated from Ajmer Singh. Action of the Panchayat, however, made Ajmer Singh and his sons the sworn and bitterest enemies of Sarpanch Ram Singh and member Panchayat Gurpal Singh; who were both instrumental in getting the land vacated from Ajmer Singh. Gurbax Singh and Sukhdev Singh are both alleged to have evicted Ajmer Singh from this land. Ajmer Singh and his sons were, therefore, after their blood as well on account of all these persons having deprived them of the means of their livelihood.

(2.) ON 2nd January, 1986 around 4.00 P.M. Joginder Singh, nephew of Gurpal Singh, member Panchayat, reported to the police in Police Station Sadar Ambala that around 2.00 P.M. on that day when his uncle Gurpal Singh and Sarpanch Ram Singh were at/around the Kotha of Piara Singh to find out the alleged trespass by him (Piara Singh) on Panchayat lands through its demarcation by Patwari Sugan Masih, Balwant Singh son of Ajmer Singh came there along with another young man, of wheatish complexion wearing Khakhi cap and pant and wrapping a blanket above it on his body and both of them stood by the side of the Sarpanch and Gurpal Singh presumably awaiting the arrival of Jai Singh. Jai Singh then came there from the side of his tubewell carrying a .12 bore country made pistol. Immediately on arrival Jai Singh fired a shot from the pistol carried by him aimed at Gurpal Singh; while standing on the northern side of the Kotha of Piara Singh. According to the author of the First Information Report this shot hit Gurpal Singh on his left arm above the elbow. Both Gurpal Singh and Ram Singh then ran for safety. Balwant Singh then took out the rifle carried by him from underneath the fold of the blanket worn by him and fired a shot from it aimed at Ram Singh which hit him on the left eye. Gurpal Singh allegedly got entangled in barbed wire while running away from the place of occurrence and fell down, on the ground. Balwant Singh then fired three more shots from his rifle upon these two now deceased in Ram Singh and Gurpal Singh and the khaki wheatish complexion man gave them both dagger blows in lying down position. All the tree assailants then went towards Bhersan through the fields proclaiming that they had already killed two of their enemies in Ram Singh and Gurpal Singh and were now proceeding to kill their two other associates in Gurbax Singh and Sukhdev Singh; who had got the Panchayat lands vacated from them. Gurbax Singh and Sukhdev Singh met them on the way while coming from the western side of Gobhi Sarson fields of Kalal Majra. Balwant Singh. fired a shot from his rifle aimed at the face of Gurbax Singh which hit him in the mouth and killed him. The khaki clad man aforesaid then gave dagger blows to Gurbax Singh in lying down position. Sukhdev Singh ran towards the village. Balwant Singh ran after him and fired four shots aimed at Sukhdev Singh from his rifle but none of them, however, hit Sukhdev Singh who was lucky enough to escape unhurt. Rameshwar accompanying Sukhdev Singh ran towards village Laliana and thereby saved himself.

(3.) ON being charged with the commission of offences under sections 120-B, 302/307/120B of the Indian Penal Code all the four accused and for offences under sections 302/307/34 of the Indian Penal Code, two accused in Balwant Singh and Jai Singh separately pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment/order dated the 4th Dec., 1987 learned trial court held the charge of conspiracy as not proved and, therefore, acquitted Ajmer Singh and Saheb Singh - both arrayed as co-accused, Only two of the identified accused assailants in Balwant Singh and Jai Singh were convicted of the commission of offences under sections 302/34 and 307/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and fined Rs. 5000/- each for their conviction under section 302/34 of the Indian Penal Code. In default of payment of fine each one of the two accused was ordered to undergo rigorous imprisonment for a further period of two years. For their conviction under section 307/34 of the Indian Penal Code each one of the two accused was individually awarded rigorous imprisonment for three years, and ordered to pay Rs. 250/- as fine. In default of payment of fine each one of the two accused aforesaid was individually ordered to undergo rigorous imprisonment for a further period of six months each. Substantive sentences of imprisonment were, however, ordered to run concurrently. Feeling aggrieved from the impugned judgment both the convicted accused jointly filed Criminal Appeal No. 640-DB of 1987 in this Court. Criminal Revision No. 337 of 1968 for enhancement of the sentence awarded to accused-appellants and for the payment of added/enhanced compensation to legal representatives of the three deceased has also been filed on behalf of the complainant party.