SARDARA SINGH AND ANOTHER Vs. THE STATE

JUDGEMENT

(1.) SARDARA Singh, Dalip Singh, Malkiat Singh, Niranjan Singh, Nahar Singh, Santa Singh, Geb and Lal were tried in the Court of the learned Additional Sessions Judge, Ludhiana, for offences punishable under sections 148, 302/149, 325/149 and 324/149, Indian Penal Code. The accusations against them were that they on the 13th August, 1959, in the area of village Khandoor, formed an unlawful assembly and in prosecution of the common object of such assembly committed murder by intentionally causing the death of Kehar Singh and gave injuries (grievous and simple) to Babu Singh, Milkhi, Mst. Bachni, Maghar and Gulwant Singh (P.Ws.). Dalip Singh, Malkiat Singh, Niranjan Singh, Nahar Singh, Geb and Lal were given the benefit of doubt and acquitted. Sardara Singh accused was convicted under section 302, 324/34 and 325/34, Indian Penal Code, and Santa Singh accused was convicted under sections 302/34, 324/34 and 325/34 Indian Penal Code, and each of them was sentenced to imprisonment for life, six months and one year on the above three counts respectively. Sentences are to run concurrently. Sardara Singh and Santa Singh accused have appealed to this Court against the above order.

(2.) THE facts of the case as alleged by the prosecution may briefly be narrated as hereunder: -

(3.) SAMPURAN Singh, Sub Inspector of Police, Dakha Police Station, on receipt of a report from Assistant Surgeon, in -charge, Dakha dispensary, went there and recorded the statement of Babu Singh (P.W.) at about 3 -50 a.m. on the night between 13th and 14th August, 1959, and sent the same to the police station for registration of the case. He reached the spot on the morning of 14th August, 1959, and took into possession bloodstained earth from Babu Singh's courtyard and sealed it into a parcel. Santa Singh accused was arrested the same evening and was examined by Dr. Tejinder Singh at the Dakha dispensary. Sardara Singh, Nahar Singh, Malkiat Singh, Dalip Singh and Lal were arrested on 15th August, 1959, from the bushes near a rajbah situate in the area of village Parnal. Niranjan Singh and Geb accused were arrested on 16th August, 1959 in the area of village Mullanpur. Sardara Singh accused also bore injury marks and so he was sent to Dakha dispensary for medical examination. He was interrogated and as a result made disclosure statement Exhibit P.AG and produced a bloodstained kirpan from a heap of chaff lying inside a kotha of his house. It was made into a sealed parcel. The Chemical Examiner and the Imperial Serologist found the bloodstains on the kirpan as of human origin.