GEJA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crl. A.No. 102-DB of 1997 is against the conviction i and sentence of the four appellants, namely, Geja Singh, Mewa Singh, Jagtar Singh and Gurmel Singh and Crl. A.No. 596 DBA of 1997 is against the acquittal of two persons, namely, Gurdev Singh and Ram Singh relating to the alleged murder of Bhupinder Singh, aged about 43 years, arise out of common judgment of the learned trial Judge and the same are disposed of by this judgment.

(2.) The complainant party consisting of Gursewak Singh PW.5, Raj Kanwal Singh PW.8 and the deceased Bhupinder Singh have been real brothers sons of Bhagwan Singh resident of village Gurdaspura, also known as village Gurthali, located within the area of Police Station Sadar, Sangrur. They are landlords. The appellants Geja Singh and others have been tenants cultivators. They had a land dispute with the prosecution witnesses. In the year 1971, Bhagwan Singh father of Gursewak Singh PW.5 and his brother Chitranjan Singh were tried for the murder of one Dhanna Singh and the appellant Geja Singh was an eye witness in that case. The murder trial ended in conviction (copy of the judgment is Ex.D.2) but even there was an order of enhancement of sentence by this Court. Gursewak Singh holds a licenced gun. He keeps the same with him for his safety. In the land dispute the prosecution witnesses obtained possession of 400 Bighas of land on 22.3.1994. The parties to this litigation, therefore, have been inimical with each other.

(3.) On 23.5.1994, around 1.45 P.M. Bhupinder Singh deceased has started on a scooter bearing No. HIA 870 whereas Gursewak Singh PW.5 and Rajkanwal Singh PW.8 were proceeding in their Maruti car bearing No. PB13-B/5959 to their village and were allegedly little behind the scooter when a jeep bearing No. PYG/351 came from behind from the side of Sangrur. It was being driven by Mewa Singh son on Teja Singh. Mewa Singh overtook the car of the complainant and knowingly hit the scooter of the deceased and as a result, Bhupinder Singh fell down on the road. Meanwhile Mewa Singh driver stopped his jeep. Geja Singh armed with an iron rod. Gurdev Singh with a hockey, Mewa Singh with iron rod, Jagtar Singh with a stick, Gurmel Singh alias Gela with an iron rod and Ram Singh with a hockey alighted from the jeep and started inflicting injuries to Bhupinder Singh. Mewa Singh inflicted a rod blow on the head of Bhupinder Singh while Geja Singh inflicted a blow with rod on his forehead. Thereafter Gurdev Singh gave a hocky blow on the chin of Bhupinder Singh and Ram Singh gave a hockey blow on his nose. Jagtar Singh inflicted a blow on the right temple of the deceased and Gurmail Singh alias inflicted a rod blow on the left side of the chest of Bhupinder Singh. Geja Singh appellant raised a lalkara that Bhupinder Singh should not be allowed to escape alive and he should be taught a lesson for taking the possession of the land. Thereafter all the accused inflicted injuries to Bhupinder Singh on his legs, arms, hand, chest, abdomen and above the place of urination with their respective weapons. It was thereafter Gursewak Singh PW.5 and Rajkanwal Singh PW.8 raised alarm when one Charanpal Singh too was attracted to the scene of occurrence and he too raised alarm so as to rescue the deceased. Thereafter all the accused went towards Bhawanigarh in their Jeep along with their respective weapons. Gursewak Singh PW.5, Rajkanwal Singh PW.8 and Charanpal Singh took the injured to Civil Hospital, Sangrur where he was medico legally examined. Due to serious condition of Bhupinder Singh the doctor referred him to Rajindra Hospital, Patiala but the aforesaid persons took him to Christian Medical College and Hospial, Ludhiana, where he remained alive till 17.7.1994 and it was on that day that the deceased unfortunately passed away.