MOHINDER SINGH KHALSA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the morning of March 26, 1992 at 9.30 AM Balwinder Singh (32) was stabbed to death in the premises of Escorts Goetze (India) Limited in Bahadurgarh, District Patiala. Balwinder Singh was an employee of Escorts Goetze (India) Limited. Makhan Singh (PW-6), another regular employee of the said Company, was also stabbed but he survived. After investigation, nine employees were sent up for trial, four were acquitted and the five appellants were convicted on June 4, 1997 by the learned Additional Sessions Judge, Patiala. Mohinder Singh Khalsa, Gurpal Singh, Kulwant Singh and Nirmal Singh were convicted for the murder and sentenced to rigorous imprisonment for life and to pay fine, while Didar Singh was convicted for causing simple injury to Makhan Singh and sentenced to rigorous imprisonment for two years. All the five convicts have come up in appeal. Mohinder Pal Singh Hundal (PW-4) and Harpinder Singh have filed Crl. Revision No. 925 of 1997 for the conviction of the acquitted-respondents and the enhancement of the sentences awarded to the appellants and also for enhancement amount of fine. Both the appeal as well as the revision shall be disposed of together.

(2.) According to the prosecution, the murder was a result of rivalry between two groups of employees of the above mentioned concern. The occurrence took place at 9.30 AM when Mohinder Pal Singh Hundal (PW- 4), Balwinder Singh deceased, Makhan Singh (PW-6) and Harpinder Singh were present near the factory canteen and taking tea. Mohinder Pal Singh Hundal (PW-4) was the President of Escorts Goetze Employees Trade Union. The two companies were sister concerns and had common management, security staff, time office, gate and Trade Union, although the two concerns manufactured different goods.

(3.) Mohinder Singh Khalsa-appellant No.1 was the immediate past President of the Union. The other accused were also employees of the factory and members of the Union. They were supporters of Mohinder Singh Khalsa. While Mohinder Pal Singh Hundal (PW-4) and others were enjoying tea, Mohinder Singh Khalsa, Gurpal Singh, Kulwant Singh, Didar Singh (all wearing kirpans with gatras), Harpreet Singh Bhao, Bahadur Singh, Harvinder Singh, Lakhbir Singh and Nirmal Singh reached there. Mohinder Pal Singh Hundal (PW-4) asked Mohinder Singh Khalsa, who had recently been defeated by him to hand over the charge of the Union.