GIAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GIAN Singh appellant was convicted under section 302, Indian Penal Code, and was sentenced to imprisonment for life for causing the murder of Chanan Singh; Dalbir Singh appellant was convicted under section 325, Indian Penal Code, and was sentenced to nine months' rigorous imprisonment and Tara Singh appellant was convicted under section 324, Indian Penal Code, and was sentenced to six months' rigorous imprisonment by the learned Additional Sessions Judge, Amritsar.

(2.) IN short, the prosecution case is that during consolidation of holdings land, measuring 4 Kanals, 9 Marlas, had been reserved for the Gram Panchayat, Jalalpur Sheron. The said land had bean under the cultivation of the appellants. About six months before the incident, Chanan Singh, since deceased, had ploughed one Kanal out of the said land under the impression that the said land, measuring one Kanal, had been allotted to him. Therefore, the appellants were unhappy with him.

(3.) THE facts, that appellants are brothers and Gurmej Singh and Kishan Singh are their collaterals, and during consolidation of holdings land measuring 4 Kanals, 9 Marlas, had been reserved for the Gram Panchayat, Jalalpur Sheron, and had been under the cultivation of the appellants, and that Chanan Singh had died at 12.10 A.M. on 13th March 1967, when he was indoor patient for the treatment of his injuries, in V.J. Hospital, Amritsar, are amply borne out by the evidence present on the record and are not disputed. The prosecution evidence consist of motive, ocular, including dying declaration, medical and abscondence of the appellants.