RANJIT SINGH Vs. STATE

JUDGEMENT

(1.) DALIP Singh and his brother Ranjit Singh have been convicted of murder of Toto singh and have been sentenced to imprisonment for life. The occurrence is of 137-1955.

(2.) THE house of Tota Singh deceased was quite close to the house of the accused. The deceased had an illicit connection with Mst. Parsini, the mother of the accused which the accused resented. According to the statement of Jhanda Ram P. W. 7 which is most favourable to the accused, on the morning of the date of the incident Ranjit Singh accused came out of his house with his buffalo and was leading it to the diggi (pool ). When Ranjit Singh reached near the manure heap he asked. Tota Singh to stop his liaison with Mst. Parsini but Tota Singh refused to do any such thing. Both Tota Singh and Ranjit Singh were at that time empty handed and they grappled with each other but they were separated. Tota Singh left in a threatening mood. He went to his house and returned with a gandasi, Exhibit P. 1, Ranjit Singh also returned accompained by his brother Dalip Singh who had a kirpan, Exhibit P. 5, in his hand which was in a scabbard. When they reached near the manure heap tota Singh abused Dalip Singh who returned the abuse and then Tota Singh aimed a gandasi blow at Dalip Singh which the latter warded off with his kirpan and then tota Singh aimed another blow but this was also warded off with the kirpan as a result of which the scabbard of the kirpan got broken. Ranjit Singh then caught hold of Tota Singh and felled him on the ground arid snatched the gandasi, Exhibit P. 1, from Tota Singh but Tota Singh got himself freed, got up and caught hold of Dalip Singh and felled him on the ground and he himself also fell down. Dalip Singh got on the top of Tota Singh and gave him three or four blows but Tota Singh got up and ran towards the house of the accused both of whom followed him and overtook him near their house and caused him further injuries and this was witnessed by Mit Singh and Bakhtawar Singh P. Ws. who came from one direction and Jagtar Singh and Ganga Singh P. Ws. who came from another direction. Tota Singh then died.

(3.) THE first information report was made by Mit Singh who is a first cousin of Tota singh deceased. The eye witnesses are Mit Singh P. W. 3, Bakhtawar Singh P. W, 4 Jagtar Singh P. W. 5 and Ganga Singh P. W. 6. All these witnesses have supported the story of the prosecution and they have stated that they saw Dalip singh and Ranjit Singh causing injuries to Tota Singh near the turning in the lane and close to the house of Mehar Singh. Tota Singh according to their evidence, fell down in their presence and was at that time empty handed whereas Dalip Singh had a Kirpan and Ranjit Singh had a gandasi.