MAKHAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants were tried for committing offences punishable under Sections 457, 364 and 302 IPC on the allegations that during the night intervening 6/7.5.1999, in the area of village Bujrak, they committed lurking house trespass by entering into the building belonging to Harnek Singh, since deceased, which was used as a human dwelling; abducted said Harnek Singh in order to commit his murder; and, thereafter, intentionally caused his death. Vide judgment and order dated 9/23.10.2002, the Additional Sessions Judge (Adhoc), Patiala convicted them for the offences under Sections 302/34 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 1,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) THE prosecution case, in nutshell, was that deceased Harnek Singh owned about 30 killas of land. Out of them, he had mortgaged 9 killas to Bikramjit Singh for two years. Bikramjit Singh gave the said land on contract basis to Chamkaur Singh for the first year but in the second year he wanted to give it to his brother -in -law Randhir Singh. However, Harpal Singh -complainant, who is son of the deceased, wanted land back as he was willing to return the mortgage amount and he had also obtained a decree qua 9 killas of the land and wanted to get the mutation sanctioned which was, however, objected to by Bikramjit Singh. The complainant party had constructed cattle shed in their land where Harnek Singh deceased alongwith his servant Makhan Singh used to put up and also sleep there during the night. On the night intervening 6/7.5.1999 at about 3.00 a.m., Makhan Singh in a perplexed condition came to the house of the complainant and informed him that at about 2.00 a.m. when he and Harnek Singh were sleeping on the cots in the courtyard, they heard the barking of dogs. When he got up he had seen three persons there, who after coming near his cot, asked him whether he was son of Harnek Singh to which he replied that he was only his servant. In the meantime, Harnek Singh also woke up. One of the three persons caught hold of Harnek Singh from his left arm, the second from his right arm whereas the third started pushing Harnek Singh from behind and also extending threats to Makhan Singh that if he raised an alarm, he should be ready to face its consequences. Those three persons while taking Harnek Singh with them were proclaiming that they would see how he returned the mortgage money to Bikramjit Singh. There was one more person with them, who kept standing near the wall in the dark. There was light in the courtyard. Upon hearing from his servant, complainant -Harpal Singh started searching for his father but remained clueless. The complainant had also learnt that Bikramjit Singh had already told his relative Lakhbir Singh not to return the mortgage money or else it would lead to serious consequences. According to the complainant, he wanted to recover the possession of the land in question but Bikramjit Singh wanted to give the land on contract to his brother -in -law. Bikramjit Singh also did not receive the mortgage amount. The complainant was sure that Bikramjit Singh alongwith his companions had kidnapped his father Harnek Singh with an intent to kill him. Accordingly, he alongwith Ajaib Singh, Sarpanch of the village left for the Police Station to lodge the report. On the way, he came across SI Hardeep Singh at the Bus Adda of village Kakrala and made statement on 8.5.1999 at 12.15 p.m. On the basis of the same, FIR No. 34 was registered at Police Station Ghagga by ASI Bhupinder Rai on 8.5.1999 at 12.45 p.m. for offences under Sections 364/452/506/34 IPC. The special report was sent through Constable Devinder Singh which was received by the Judicial Magistrate, Samana on 8.5.1999 at 6.45 p.m.

(3.) UPON completion of the investigation, the appellants were challaned. The case was, thereafter, committed to the Court of Sessions where they were charged for the aforementioned offences to which they pleaded not guilty and claimed trial.