MOHINDER SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHINDER Singh aged 25 years of village Tut Kalan, Makhan Singh aged 15 years of village Rangran, Geja Singh aged 18 years and Sarwan Singh aged 25 years, residents of village Heran, have been convicted under section 302, read with section 34 Indian Penal Code, and have been sentenced to each to life imprisonment for the murder of Constable Harchand Singh in the area of village Tut Kalan on the evening of 12th September, 1968 at about 7.00 P.M. They have filed this appeal against their convictions and sentences.

(2.) THE prosecution story in brief is that Harchand Singh deceased was a Constable attached to Police Station. Nakodar. According to daily diary entry No. 44, he had left the police station on duty on the morning of 9th September, 1968. He had been entrusted with some robkars or processes for service and had set out on a cycle. At about sunset time on 12th September, 1968, he happened to be present at the Bus Stand of village Tut Kalan. He was in uniform at the time and was carrying the cycle. Some unknown person informed the deceased that Mohinder Singh, Makhan Singh, Geja Singh and Sarwan Singh had illicit liquor in their possession and had been seen going towards the village. P.Ws. Resham Singh, Karam Singh Sarpanch and some others were present when this information was given. Harchand Singh went in pursuit in the direction indicated and intercepted the appellants near the well of Sadhu Singh which is about half a mile from the abadi of this village. The P, Ws., who had stayed on at the bus stop, beard cries of "Mar Dia Mar Dia" raised by the deceased These cries were also heard by persons who have their fields or wells in the vicinity. Lashkar Singh P. W. was one such person who reached the scene of the crime on hearing these cries. Resham Singh informant and Karam Singh Sarpanch had also reached the place. They saw Mohinder Singh appellant armed with a kulhari, Makhan Singh with a kirpan, Geja Singh with a lathi and Sarwan Singh with an iron bar (saria) giving injuries to Constable Harchand Singh who was lying on the ground. The P.Ws. wanted to intervene but the appellants threatened them with similar treatment. Harchand Singh died then and there and the appellants left the place with their respective weapons. The appellants were known to Lashkar Singh P. W. and others as they belong to the same or 'nearby villages. Banta Chowkidar was sent for and Resham Singh and Karam Singh Sarpanch left the place to report the matter at Police Station, Nakodar which is at a distance of about three miles from the scene of the crime. Resham Singh lodged the report. Exhibit P.D., at 8.40 P. M. at the police station and a copy of the first information report reached the Ilaqa Magistrate at his residence in Jullundur eighteen miles away, at 11.30 P.M. the same night.

(3.) THE appellants had been arrested on 15th September, 1988. Mohinder Singh appellant was wearing the shirt, Exhibit P. 5 which had stains of blood. The shirt was taken into possession and the Serologist's report, when received in due course, showed that the stains ware of human blood. The interrogation of Mohinder Singh and Ma khan Singh accused on 21st September, 1968 led to the recovery of blood stained hatchet (kulhari), Exhibit P. 4, and kirpan, Exhibit P. 6, after they had respectively made disclosure statements leading to the recovery of these weapons from places of concealment pointed out by them. The Serologist's report establishes the human origin of the blood found on both these weapons.