JANGIR SINGH Vs. STATE

JUDGEMENT

(1.) Jangir Singh was convicted by Addl. Ses. J. of Bhatinda under Section 302 on two counts for the murders of Mohinder Singh & Mt. Harnam Kaur, his step-brother & stepmother respectively, & sentenced to transportation for life on each count. He was further convicted under Section 326, I.P.C. for injuries to Anr. step-brother of his, namely Naginder Singh & sentenced to three years' R.I. The sentences were directed to run concurrently. The convict appeals against the conviction & the State has moved for enhancement of the sentences Notice was served on him to show cause why his sentence on the charge of murder in each case be not enhanced to that of death. There is also before us a reference for the confirmation of the sentences of transportation for life. This order is proposed to dispose of these three cases.

(2.) Pala Singh, who had two sons, namely, Jangir Singh applt. & Autar Singh from his previous wife, married Mt. Harnam Kaur after the death of the first wife. Mt. Harnam Kaur gave birth to two sons, Mohinder Singh & Naginder Singh who were aged 7 & 3 respectively at the time of the incident in question. The two elder sons, Jangir Singh & Autar Singh, had started living separately from their father for some time & the two minor sons with their mother lived in Anr. house with Pala Singh. On 10th Bhadon 2004 (26-8-47) at about 10 a.m. Jangir Singh with a murderous intent armed with a sword, entered the house the inmates of which at the time were the two minors & Mt. Harnam Kaur. Mohinder Singh was the first victim of the murderous assault & was given five cuts with the sword which resulted in his instantaneous death. Naginder Singh who was attacked next, luckily escaped by getting two grievous hurts. Then the convict fell upon Mt, Harnam Kaur & dealt her ten severe blows as a result of which she expired on 15-6-2004. The persons attracted to the place, one of whom was Mohna Singh the real uncle of Pala Singh, could not be of any assistance to the victims because the accused threatened them to remain aside. He then made good his escape & could not be arrested till 4-12-1949. Information of the incident was conveyed to Pala Singh who was then in his field. On his arrival he found his wife & son lying in a precarious condition, while Mohinder Singh was already dead. In the meantime some of the members of the village Panclayat, including Boga Singh, a prosecution witness, had also reached & before them Mt. Harnam Kaur informed her husband that Jangir Singh was responsible for the tragic incident. Leaving the dead body of Mohinder Singh in the house, Pala Singh removed the other two injured in a cart to Kotkapura hospital. Mohna Singh who had also accompanied them went to the police station & lodged a report at 3 p.m. the same day. All the material facts, as stated above, were given out in the report & the informant described himself as an eye-witness of the whole incident.

(3.) On a report made by M. Gurdit Singh Head Constable Kotkapura, Shri Munshi Ram Honorary Mag. went to the hospital & got the statement of Mt. Harnam Kaur recorded by his clerk at 7 p.m. the same day. M. Jaswant Singh S.H.O. went to the village & started investigation of the case. He found the dead body of Mohinder Singh lying in the house & sent it for post-mortem examination. Some blood-stained earth was removed from the scene of the incident & the statements of the witnesses were also recorded. The accused was found to have absented himself from the village after incident.