VIRSA SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal brought by Virsa Singh and Bachan Singh, sons of Jagat Singh, against their convictions under section 302 read with section 34 and 307 read with section 34 of the Indian Penal Code. They were given sentences of transportation for life under section 302 read with section 34 and five years' rigorous imprisonment under section 307 read with section 34 of the Indian Penal Code.

(2.) Jagat Singh, who is a refugee from village Qaimpur in Sialkot district, was allotted certain lands in Shamsherpur in Gurdaspur district. Included in the land allotted were Khasra Nos. 153, 154 and 155. According to the Patwari Onkar Nath P.W.16, possession of this land was given by nishan dehi to Jagat Singh on the 14th of July, 1950. In the Khasra Girdawari Khasra No. 153 is shown as vacant, but in Rabi 1952 ten Marlas out of this were cultivated with wheat. In Kharif 1951 this was vacant. Khasra No. 154 was Banjar Qadim but in Kharif 1951 Chari fodder was cultivated in it and in Rabi 1952 a part of it is shown to be under wheat crop. Khasra No. 152 is Shamilat and is Chhapper, but Khasra Nos. 153 and 154 are not Shamilat. Khasra No. 155, which is contiguous, according to the Patwari, to Khasra Nos. 153 and 154, has an area of two Kanals fifteen Marlas and is shown to have been cultivated in Kharif 1951 and Chari was growing on it. In Rabi 1952 two Kanals out of this were under wheat crop and the rest was vacant. In the vacant portion of Khasra Nos. 153 and 154 there were some manure pits and cowdung cakes. It is thus clear that Khasra Nos. 153 to 155 had been allotted to Jagat Singh and portions of it were under cultivation by them.

(3.) According to the story of the prosecution, on the morning of the 26th of June, 1952 Partap Singh P.W.3 and his brother Kesar Singh P.W.6 were in their house and other two brothers, Dhian Singh deceased and Tara Singh P.W.2, were milking their animals in the Haveli, which is opposite the house. Virsa Singh and Bachan Singh accused came for ploughing the plot of land where some cow-dungs had been stacked. They started what the learned Sessions Judge calls "to demolish the dungcakes" which means to break them up into bits. Tara Singh objected to it while he was still in his Haveli saying that they should not cultivate the land before establishing their title to it, but Virsa Singh and Bachan Singh took no notice of this which led to mutual abuse. Thereupon it is alleged that Virsa Singh and Bachan Singh and their younger brother Dalip Singh and their father Jagat Singh came armed to the Haveli of Tara Singh and there they injured Tara Singh and Dhian Singh using a hatchet, a Kirpan and spears. Tara Singh was first injured by means of a spear and when his brother Dhian Singh came forward to rescue him, he was given a spear blow by Bachan Singh and an axe blow by Dalip Singh and another spear blow was given to Dhian Singh by Virsa Singh and the part assigned to Jagat Singh was that he incited his sons. After they had given injuries to Tara Singh and Dhian Singh, the father and his three sons, i.e., Jagat Singh, Virsa Singh Bachan Singh and Dalip Singh ran away from the Haveli.