LAWS(P&H)-1990-1-67

MALKIAT SINGH Vs. STATE OF PUNJAB

Decided On January 16, 1990
MALKIAT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) ONE Niranjan Singh of village Lamme, tehsil Jagraon, district Ludhiana, who was owning 23 Killas 5 Kanals of agricultural land in the village died issueless. Malkiat Singh deceased was his tenant on that land. After the death of Niranjan Singh, Mohinder Singh, Mukhtiar Singh and Gurnam of the same village sit up a Will from the deceased in their favour which was unregistered. Gurdev Singh and Baldev Singh sops of Sarwan Singh both residents of village Machhike who men related to the deceased as his brother's sons-in-law set up a registered Will of the same property in their favour. Malkiat Singh deceased supported the relation legatees, who had set up registered Will in their favour and thereby antogonised himself to Mohinder Singh and others of his own village.

(2.) TRIPLE murder of Mohinder Singh, Banta Singh and Gurnam Singh too., place in the village around 2 P. M. on August 15, 1981. Malkiat Singh now deceased along with two other persons named Sajjan Singh and Saudagar Singh was tried, convicted and sentenced for it. The deceased was released from custody and had returned to the village three months before the occurrence. Gurdev Singh and the deceased quarrled over a trifling on children's affair. Security proceedings were initiated by Gurdev Singh against Malkiat Singh now deceased. After furnishing, bail to the learned Executive Magistrate at Jagraon therein, Malkiat Singh deceased was returning to the village from Jagraon around 8.30 P. M. to on the date of occurrence.

(3.) SURJIT Singh, author of the First Information. Report, his brother Zora Singhs and Shrimati Mohinder Kaur wife of Surjit Singh are stated to be eye-witnesses of the occurrence. Deceased Malkiat Singh is alleged to have succumbed to the injuries on the spot.