MUKHITIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants and their brother Mohinder Singh as well as Niranian Singh, since deceased, had been residing in village Gurney Kalan. In or about the year 1969, Mohinder Singh, the brother of the appellants, had been murdered and Niran-jan Singh was prosecuted for causing his murder. He (Niranian Singh) was, however, acquitted in that case about 9 months before the present occurrence. He was married to Smt. Pritam Kaur whose parents lived in village Achharwal. Apprehending danger to his life from the appellants he (Niranjan Singh) along with Smt. Pritam Kaur had migrated to village Achharwal and began to reside in the house of the parents of Smt. Pritam Kaur.

(2.) TWO or three days before the occurrence, Niranjan Singh and Smt. Pritam Kaur had returned to village Gurney Kalan from Achharwal with a view to settle the accounts respecting their crops standing in land there. On October 7, 1970, at about 1. 00 p. m. Niranjan Singh and Smt. Pritam Kaur proceeded towards the bus-stand Gurney Kalan with a view to board a bus from there for Achharwal. He was then carrying a kirpan and a ihola, Surmukh Singh and Mukhtiar Singh were going towards their fields at a short distance behind them. When Niranjan stand he was surprised by the appellants who were then hiding themselves against a wall. Both of them had one gandasa each. Throwing challenge to Niranjan Singh that they would avenge the murder of their brother Mohinder Singh they set upon him and wielded blows with gandasas. Niranjan Singh drew out kirpan from the scab-board and wielded blows with it in defence. Mukhtiar Singh appellant struck gandasa on the head of Niranjan Singh and Bhura too hit gandasa on his head and Niranjan Singh fell on the ground. Both the appellants then delivered numerous blows with gandasas to him. Smt. Pritam Kaur raised alarm! The appellants, however, deterred her and Mukhtiar Singh as well as Surmukh Singh bv shouting that if they intervened thev would be killed. Having done away with Niranjan Singh, the appellants went away carrying their weapons with them. While running away Mukhtiar Singh had. however, dropped his shoes at the scene of occurrence. After the departure of the appllants, Smt. Pritam Kaur, Surmukh Singh and Mukhtiar Singh P. Ws. went to Niranjan Singh and found that life was extinct in his body. So, Surmukh Sinrb returned to the village and informed his brother Sewa Singh about the incident and along with him returned to the scene of incident. Leaving him, Smt. Pritam Kaur and Mukhtiar Singh at the spot, he proceeded to Police Station. Bhikhi. Village Borawal fell on the route. He chanced to meet A, S. I. Ranjit Singh there and narrated the incident to him. A. S. I. Ranjit Singh sent the report, made by him, to Police Station, Bhikhi. where a case under Section 302 read with Section 34, Indian Penal Code, was registered. He accompanied Surmukh Singh to the scene of incident and found Smt, Pritam Kaur. Mukhtiar Singh and Sewa Singh there. He recorded their statements and held inquest on the dead-body of Niranjan Singh and sent it to Civil Hospital, Mansa, where Dr. Inderjit Singh conducted autopsy on it. He collected blood soaked earth, jhola, chadra turban and Kirpan of the deceased as well as shoes of Mukhtiar Singh appellant from the scene of occurrence. On the next day, i. e. . on October 3. 1970, Mehar Singh produced both the appellants before S. I. Kartar Singh and they produced one bloodstained gandasa each. They had injuries. So, they were sent to Primary Health Centre, Bhikhi, where Dr. S. P. Sharma examined their injuries. The Police, Bhikhi, after necessary investigation, sent up the appellants under Section 302 read with Section 34, Indian Penal Code, and the learned Magistrate committed them to the Court of Session, Bha-tinda, to stand trial for the said offence. Thus, in brief, is the prosecution case. 2. The appellants denied the prosecution story and raised the plea of defence, which would be discussed hereun-der at its proper place. The learned Additional Sessions Judge, Bhatinda. who tried the case, accepted the prosecution version and rejecting the plea of defence as false, convicted the appellants under Section 302, Indian Penal Code, and sentenced them to imprisonment for life with a fine of Rs, 1,000/each; in default the defaulter was to suffer rigorous imprisonment for six months. Aggrieved by their conviction and sentence, the appellants have appealed.

(3.) THE facts, that the appellants are brothers and about a year prior to the incident their brother Mohinder Singh had been murdered by Niranian Singh and he was prosecuted for the said murder but was acquitted, are admitted, The facts that the incident had taken place near bus-stand, Gurney Kalan, on October 7, 1970. at about 1 p. m. and therein injuries had been caused to Niranjan Singh with gandasas as a result of which he had died and that he had wielded' blows with Kirpan and both the appel- lants were involved in the incident, are borne out by the evidence present on record and are not disputed. The evidence relied on by the prosecution consists of motive, ocular and medical.