MILAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MILAP Singh and Rajwant Singh sons of Avtar Singh have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life by Mrs. Bakhshish Kaur, Sessions Judge, Gurdaspur, for having caused the death of Satwinder Singh, Harpal Singh, Sukhwant Singh, Dalbir Kaur and also Karam Singh on each of the count and also sentenced to Milap Singh to pay a fine of Rs. 1000/- for the murders of Satwinder Singh, Dalbir Kaur and Harpal Singh and in default of payment of fine to undergo R.I. for six months. He was also to pay a fine of Rs. 500/- for the murders of Harpal Singh, Karam Singh and Sukhwant Singh. In default of payment of fine to undergo R.I. for one month. Rajwant Singh was sentenced to pay a fine of Rs. 500/- for causing the murders of Satwinder Singh, Dalbir Kaur, Karam Singh and Sukhwant Singh. In default of payment of fine to undergo R.I. for one month. They have also been convicted under Section 307/34 of the Indian Penal Code for having caused an injury to Gurwinder Singh, and sentenced to undergo R.I. for 7 years and to pay a fine of Rs. 1000/- each. In default of payment of fine to undergo six months rigorous imprisonment. Aggrieved against it the present appeal has been attempted. It may also be mentioned here that Balwinder Singh and Himmat Singh both sons of Mohinder Singh, the co-accused, who were also tried, were acquitted.

(2.) BRIEFLY the story of the prosecution is that at about 9.00 p.m. on 4.7.1990 Milap Singh and Rajwant Singh sons of Avtar Singh armed with AK 47 rifles together with Balwinder Singh and Himat Singh (the two acquitted accused) and three more persons (not named in the FIR) came to the residential house of Tek Singh, which is in the agricultural field in village Chahal Kalan and they made an inquiry as to where was Satwinder Singh constable and Lakhbir Singh one of the sons of Tek Singh replied that his brother Satwinder Singh had not reached home. The accused then started indiscriminate firing causing the death of Sukhwant Singh, Harpal Singh, Satwinder Singh and their mother Dalbir Kaur as well. Besides this they also caused the death of Karam Singh a Mazhbi labourer who was lying asleep on a cot nearby. The occurrence was seen by Tek Singh the father and also Gurwinder Singh aged 6 or 7 years the son of Lakhbir Singh complainant and grandson of Tek Singh. Besides Lakhbir Singh the occurrence was seen by Tek Singh the father and Surinder Kaur the wife of Sukhwant Singh and was rendered a widow as a consequence of this occurrence. Lakhbir Singh then proceeded for lodging a report. Shri Ajaib Singh Inspector of Police Station Sadar Batala could be contacted at Chowk Umarpura after mid-night at 2.00 a.m. and he recorded the statement of Lakhbir Singh complainant and it was sent to Police Station Sadar Batala through Major Singh Head Constable where the FIR was recorded at 2.55 a.m. on 5.7.1990, because the distance between the place of occurrence and the Police Station was scarcely 5 kms. The special report was delivered to the ilaqa Magistrate at Batala at 10.30 a.m. on 5.7.90. The motive for the offence was old enmity inasmuch as in 1972 there was a dispute in respect of the adjoining land to that of Tek Singh, which Mohinder Singh father of Balwinder Singh and Himat Singh had purchased and Mohinder Singh and Tek Singh were inimical with each other. The sister of Milap Singh and Rajwant Singh the two accused who are the present appellants was married to Mohinder Singh who had purchased the land adjoining to that of Tek Singh. Mohinder Singh was allegedly murdered in 1972 by Tek Singh and his sons Sukhwant Singh, Bhagwant and Lakhbir Singh and as a consequence of the trial Tek Singh and Sukhwant Singh were sentenced to imprisonment for life whereas the other co-accused were acquitted. It may also be mentioned here that the marriage of Satwinder Singh a son of Tek Singh was to be performed after a few days and in this regard the Akhand Path was likely to start the next day i.e. 5.7.90. After reaching the village and the place of occurrence along with Lakhbir Singh, the complainant, the inquest reports were prepared by the investigating officer in respect of all the dead bodies. A rough site plan was also prepared. The blood-stained earth was also taken into possession from five different spots from the place of occurrence and converted into separate sealed parcels. As many as 27 empties of AK-47 were also lifted and collected and converted into sealed parcels. The dead bodies were despatched to Civil Hospital, Batala for the purpose of post-mortem examination. Milap Singh and Rajwant Singh were arrested on 17.7.1990.

(3.) PW -4 Dr. Vijay Kumar Mehra, Medical Officer of Civil Hospital, Batala conducted post-mortem examination on the dead body of Harpal Singh son of Tek Singh, aged 22 years and the injuries found on his person were as under -