LAWS(P&H)-1953-12-25

NANUN Vs. STATE

Decided On December 03, 1953
NANUN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In Sessions Trial No. 21 of 1953 Jagjit Singh Jat aged 22 years, Hardial Singh Jat, aged 22 years and Nanun Chamar, aged 25 years were prosecuted under Section 302 read with section 34 of the Indian Penal Code, hereinafter referred to as the Code, for the murder of Doctor Arjan Singh. In that trial the Court of Sessions has acquitted Jagjit Singh and Hardial Singh but has convicted Nanun under Section 302 of the Code and sentenced him to transportation for life, Nanun appeals from his conviction and sentence.

(2.) In 1934 Doctor Arjan Singh, Baldev Singh P.W. 3, Hazura Singh Narinjan Singh, Raunqi and Gauhra were prosecuted for the double murder of Kartar Singh and Kapur Singh. In that case Baldev Singh was discharged. Doctor Arjan Singh was sentenced to death but was acquitted in appeal. Doctor Arjan Singh was sentenced to death but was acquitted in appeal. Hazura Singh and Narinjan Singh were sentenced to transportation for life but were released during the general amnesty after the partition. In Session Trial No. 21 of 1953 no evidence was given as to whether Raunqi and Gauhra were convicted or acquitted.

(3.) Doctor Arjan Singh, who had shifted to Fazilka, visited village Jokri Andhewali on the 8th of March, 1952, in the evening. On that occasion he sent a chit to Baldev Singh P.W. 3 asking him whether he would agree to the recommendation for the appointment of Ala Singh as member of the peace Committee. In reply Baldev Singh said that he would act according to his wishes. Doctor Arjan Singh also visited the house of Ala Singh before leaving Joki Andhewali village of Fazilka via Chak Pakki Railway Station. Kartar Singh who was murdered was the brother of Ala Singh. Hardial Singh accused is son of Kartar Singh. Jagjit Singh accused is son of Ala Singh.