STATE Vs. INDAR SINGH

JUDGEMENT

(1.) INDAR Singh, Gurmej Singh and Teka Singh were tried by the Additional Sessions Judge at ferozepore on. charges under Sections 302, 325 and 324 read with 34, Indian Penal Code, on the allegation that on the evening of the 31st of May 1949, in pursuance of their common intention they murdered Mst. Harnam Knur and Kartar Singh deceased and caused injuries to Sewa Singh, puran Singh, Man Singh and Labh Singh P. Ws. It seems that there wag some delay in the trial owing to the fact that although Gurmej Singh and Indar Singh were arrested within a short time of time of the occurrence. Teka Singh remained absconding until February 1950. The result of the trial was that on the 5th of May 1950, all the accused were acquitted and the present appeal has been filed by the State against their acquittal.

(2.) THE prosecution story is that there was enmity between Indar Singh accused and the family to which the deceased and the injured P. Ws. belong. Sewa Singh P. W. is the father of Man Singh. Labh Singh, Puran Singh and Kirpal Singh P. Ws. and Kartar Singh deceased, and Mst. Harnam kaur deceased was Sewa Singh's wife. The enmity was duo to the fact that sometime in 1948 kirpal Singh P. W. , who seems to have escaped injury or death by reason of the fact that at the time of the occurrence he was serving in the P. A. P. in Amritsar district, ran away with the wife of Indar Singh who is apparently getting on for 50 years of age, Kirpal Singh being only about 20. This elopment reflects no credit on Kirpal Singh or his family, since it appears that Indar singh's wife was Kirpal Singh's niece, being the daughter of his sister. According to the evi-dence, Indar Singh had made several unsuccessful attempts to secure the return of his wife.

(3.) GURMEJ Singh and Teka Singh belong to different villages, but it is alleged that they had accompanied Indar Singh on more than one occasion when he had come to the family in connection with the return of his wife, and it has also been stated by Gurmej Singh that he used to live in the same village as Indar Singh before the partition in the West Punjab.