GUDDER SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by two convicted persons Guddar Singh and Bainka Singh sons of Charan Singh, Rai Sikhs, residents of Jalloke against their conviction under Section 302, Penal Code and a sentence of death on Guddar Singh, and transportation for life passed on Bainka Singh. Guddar Singh was also prosecuted and convicted under Section 307 read with Section 149 and under Section 148, Penal Code. Under these two offences he was given a sentence of five and two years' rigorous imprisonment respectively but both sentences were to run concurrently. Bainka Singh was similarly convicted for these two offences and was similarly sentenced. Surjan Singh, Harnam Singh, Bhana Singh and Arjan Singh who were tried along with Guddar Singh and Bainka Singh were acquitted by the learned Sessions Judge.

(2.) Villages Jalloke and Mito Jagir have under the Radcliffe Award come into the territory of Pakistan but by an agreement between the Financial Commissioners of the Punjab (India) and Punjab (Pakistan) these two villages were administered by India. For administration purposes these two villages have been made parts of Ferozepore Tehsil and it appears that the lands of these villages were allotted to Indian Nationals who either owned land in these villages or had come from Pakistan. The original proprietors of the land were Mohammedans who had migrated into Pakistan on the partition of the country & the tenants-at-will who were all Rai Sikhs continued to cultivate the lands.

(3.) These Rai Sikhs had refused to allow 'girdawari' of the villages to be done and had also refused to Pay land revenue. In the first week of April 1951 therefore Tahsildar Harbans Singh and the Revenue Assistant S. Harjot Singh went to village Jalloke and they asked Bainka Singh and Guddar Singh who are now convicts and others to pay the land revenue and allow the 'girdawari' to be prepared and if they had any objections they should file them in writing to which the residents of this village including Bainka Singh and Guddar Singh agreed. On 8 or 9-4-1951, these persons appeared in the Court of the Revenue Assistant and there when Tahsildar Harbans Singh was present they said that they would put in their objections the following day after consulting their legal adviser and a socialist worker by the name of Hoshiar Singh Arshi. On the following day these persons appeared along with their legal adviser Mr. Hari Nath Varma and agreed to pay land revenue and also agreed that they would not obstruct the preparation of 'girdawari' papers. An order was issued to Kundan Singh and Ram Chand Patwaris of Mito Jagir and Jalloke to go to these villages and start 'girdawari' and send a report to the tahsil. This is Ex. C. B. (p. 23) and is also proved by the statement of Tahsildar Harbans Singh P. W. 4 at pages 32 and 33. On 11-4-1951, Ram Chand Patwari in charge of Jalloke made a report which is Ex. C. C. that the zamindars had obstructed his carrying out 'girdawari' work and the matter was referred to the Deputy Commissioner who ordered that the realisation of the land revenue and the preparation of the 'girdawari' papers with the help of the police. It appears that the Deputy Commissioner had also ordered as is shown by Ex. C. D. (p. 24) the Superintendent of Police in realising land revenue, preparation of 'girdawari' and to help the allottees to get their 'batai'.