SANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SANTA Singh (70) and his three sons Kashmir Singh (30), Jagir Singh (23) and Joginder Singh (19) were tried under section 302/34, Indian Penal Code, by the learned Additional Sessions Judge, Ferozpur, for the murder of Bhagwan Singh. By judgment and order dated September 5, 1988, Santa Singh and Jagir Singh were convicted under section 302/34, Indian Penal Code, and sentenced to life imprisonment and a fine of Rs. 3000/- each, in default of payment of which they were further sentenced to R1 for one year. Kashmir Singh and Joginder Singh were acquitted. The convicted accused have preferred Criminal Appeal No. 383-DB of 1988 and the State of Punjab has filed Criminal Appeal No. 243-DB of 1989 against the said acquittal. We propose to dispose of both these appeals by this judgment.

(2.) ACCORDING to the prosecution, Bhagwan Singh deceased made about 2 Killas of land cultivable more than two decades back in the area of village Ghurka, 3 KMs from village Ladhuka, PS Sadar Fazilka, to which Bhagwan Singh belonged. The land belonged to the Central Government. About 3/4 years back, Santa Singh accused got changed the Khasra girdawari of the aforesaid two killas of land in his own name. Litigation between Bhagwan Singh on the one hand and Santa Singh on the other hand with regard to the said land had been going on. The case of the prosecution is that an order of allotment of the land on payment of instalments was made in favour of Bhagwan Singh. On September 6, 1987. Bhagwan Singh along with his sons Jagir Singh PW-3 and Kaka Singh PW-4 went to village Guddar Bhaini in order to meet the Patwari who was supposed to be coming to the house of Dhola Singh, Member, Panchayat. From their village to Guddar Bhaini the path lay near the land which had been allotted to Bhagwan Singh. When Bhagwan Singh and his sons passed near the land in question, Santa Singh and his son Joginder Singh, accused, were working in the field. Bhagwan Singh and his sons told Santa Singh that now that the land had been allotted to them permanently in future they would plough the same. There upon Santa Singh and his Son Joginder Singh retorted that they would see how they entered the land. The used some hot words. Bhagwan Singh and his sons said that they had deposited the money and would not give up their claim. After the above brief exchange of words Bhagwan Singh and his sons went to Guddar Bhaini. Santa Singh and his son went away towards their village Ladhuka speaking something loudly. The patwari failed to turn up at the house of Dhola Singh. After waiting for some time, Bhagwan Singh and his sons started returning to their village Ladhuka. At about 3 p.m. when they turned on the broad passage leading from Bhaini Guddar Singh, the four accused i.e. Santa Singh and his three sons emerged from the field called 'Jhanjan'. At the time Bhagwan Singh was ahead of his two sons. Santa Singh was armed with a Saila and he raised a lalkara saying that Bhagwan Singh had come and he should not escape exhorting the others to "deliver" possession of the land to them. Kashmir Singh gave a blow from the sharp side of his gandasa on the head of Bhagwan Singh, as a result of which he fell down. Jagir Singh gave a gandasa blow to him from the reverse side on his left hand. Joginder Singh gave a gandasa blow on the inner side of the right leg of Bhagwan Singh near the ankle. This was followed by Santa Singh giving two saila blows on the left thigh of Bhagwans Singh. Jagir Singh and Kaka Singh were standing at a small distance. They raised alarm. The four accused, however, caused some more injuries to Bhagwan Singh with their respective weapons and thereafter they ran away towards the fields. Kaka Singh brought tractor-trolly of Lakshman from the village and both the sons removed their father to Civil Hospital, Fazilka. On the way Bhagwan Singh succumbed to his injuries. The doctor sent information to the police, on receipt of which ASI Natha Singh PW-6 went to Civil Hospital, Fazilka. He recorded statement Exhibit PH at 7.10 p.m. of Jagir Singh and forwarded the same to the police station where First Information Report was entered at 7.20 p.m. Copy of the special report was received by the Judicial Magistrate at 9 P.m. ASI Natha Singh PW-6 later arrested Santa Singh on September 7, 1987, and finding some injuries on his person got him medically examined. He also went to the spot and picked up blood-stained earth on September 10, 1987. He put Jagir Singh under arrest and in pursuance of a disclosure statement he recovered at his instance gandasa Exhibit D-3. SI Nachhatar Singh PW-5 partly investigated the case. On September 8, 1987, Joginder Singh and Kashmir Singh were produced before him. They were carrying gandasas Exhibit D-1 and D-2 respectively, which were taken into possession, and converted into sealed parcels.

(3.) DR . I.M. Chalana PW-2 deposed having found the following injuries on the dead body of Bhagwan Singh in the post-mortem examination :-