HARDIAL SINGH ALIAS GIANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) All the appellants along with their co-accused Jarnail Singh and Harpal Singh were tried by the learned Addition Sessions Judge, Patiala, on charge for offence under Sections 148, 302, 302/149, 307, 307/149 of the Indian Penal Code (for short 'the Code') while Gurnam Singh, Sarup Singh, Shahib Singh and Kuldip Singh appellants were also tried on charge for offence under Section 27 of the Indian Arms Act. Jarnail Singh and Harpal Singh accused were acquitted of all the above referred charges while the appellants were found guilty, convicted and awarded sentences as under:-

(2.) All the substantive sentences were, however, ordered to run concurrently. Feeling aggrieved against their convictions and sentences, the appellants have preferred this appeal. The State of Punjab has also preferred Criminal appeal No. 262-DBAof 1993 against the acquittal of Jarnail Singh and Harpal Singh accused, but while granting leave to appeal, the Division Bench of this Court had only allowed the leave for filing the appeal against the acquittal of Harpal Singh, accused-respondent Banarsi Das, complainant had also filed Criminal Revision No. 642 of 1993 against the acquittal of Jarnail Singh and Harpal Singh accused as well as for awarding extreme penalty of death and awarding of compensation to the legal representatives of the deceased. This revision petition was order to be heard with this appeal. All these matters shall be disposed of by this common order as these arise out of the same judgement of the trail court and involve the appraisal of the same evidence.

(3.) In brief, the facts of the prosecution case, as contained in the First Information Report lodged by Banarsi Dass (P. W. 2), are as under:- The land of Dera Sat Kartarian measuring 250 Killas, Situated in village Matauli, is in the names of about 7/8 co-shares. Out of these co-shares, Gurjit Kaur alias Rupinder Grewal is also one of the co-shares. About 2/3 months back, Salwinder Singh son of Gurdial Singh, Inderpal Singh son of Jaswant Singh, and Jarnail Singh son of Kapoor Singh, residents of Rashidan, got the land measuring about 15 Kilas transferred in their names by producing some other lady in place of Gurjit Kaur and regarding this dispute civil suits between both the parties are pending in the Court. Mr. Surinder Singh etc., who are residents of Rashidan, had purchased this land. Hardial Singh alias Giani son of Iqbal Singh resident of Village Rashidan and his friends help these persons. At about 3.00 p.m., Hardial Singh alias Giani came on tractor for ploughing the said land. I along with Baba Balwant Singh, Bhagwan Singh and Kirpal Singh son of Arjan Singh Sewadar, on hearing the sound of the aforesaid tractor came out of the Dera on the mettled road, a little ahead of the Dera towards Shergarh and saw that two tractors bearing registration No. PUR-4747 (HMT-59) being driven by Surinderpal Singh son of Wadhawa Singh resident of Galoli, while the other tractor bearing registration No. HRJ-7461 of 'Ford' mark was being driven by Gurnam Singh son of Sohan Singh, resident of Galoli, who was armed with 12 bore single barrel gun. Harpal Singh son of Wadhawa Singh resident of Galoli was driving the third tractor which was without any registration number, near the tubewell of Hardial Singh alias Giani son of Iqbal Singh armed with a carbine, Sarup Singh alias Rupa son of Iqbal Singh armed with .315 bore refile, both residents of Rashidan, Sahib Singh son of Jagir Singh resident of Shergarh armed with .455 bore revolver, Kuldip Singh son of Khazan Singh resident of Garhi, Haryana, armed with .315 bore rifle and Jarnail Singh son of Gurdial Singh resident of Rashidan armed with a Dang were standing near a jeep bearing registration No. HYB-10. All of us asked Hardial Singh alias Giani etc., the aforesaid persons, as to why they were driving tractors in the field known as Rawanwala. On hearings so, Hardial Singh alias Giani fired a shot from his carbine at Mahant Balwant Singh which hit him in the abdonmen, on the left side of the navel and passed through and through. As a result of it, he fell down on the spot. Then Sarup Singh alias Rupa fired shots form his .315 bore refile which, however, did not hit anybody. Gurnam Singh also parked his tractor, alighted from the same and fired shots from his .12 bore refile which, however, did not hit anybody. Gurnam Singh also parked his tractor, alighted from the same and fired shots from his .12 bore gun, hitting me on my left eye, left ear and the head towards the left side. Sahib Singh and Kuldip Singh also continued firing from their respective weapons and continued raising lalkaras saying. "none of you will be allowed to escape, because all of you have raised controversy over the land." Out of us, Bhagwan Singh armed with licensed .12 bore gun also fired shots at the aforesaid persons in our defence. At this, all of them while firing shots from their firearms fled away from the spot on their tractors and jeep. Lt. Col. Sarabjit Singh Aulakh and Surjit Lal also came to the spot and took care of us. After leaving Kirpal Singh son of Arjan Singh resident of Tafazalpur, Patiala, a Sewadar of the Dera, at the Dera, when we were being removed to the Police Station in the Matador, Baba Balwant Singh die on the way. We have come to the police station to lodge the report. Action may be taken."