NIRJAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nirjal Singh son of Diwan Singh, appellant, in Crl. Appeal No. 504-DB of 1994 and Jagir Singh son of Dhana Singh, Labh Singh son of Jagir Singh, Baghail Singh, Gurmail Singh sons of Jagir Singh and Bhupinder Singh son of Gurdarshan Singh, appellants in Crl. Appeal No. 60-DB of 1995, were tried along with Puran Singh, Pritam Singh, Balwinder Singh and Jai Singh sons of Labh Singh, for offences punishable under Ss. 302 read with Ss. 149 and 148 of the Indian Penal Code for causing murders of Darshan Singh son of Tek Singh and Gurnam Singh son of Ajmer Singh. After resultant trial, whereas, Puran Singh, Pritam Singh, Balwinder Singh and Jail Singh were acquitted, appellants were convicted under Ss. 302/149 and 148 of the Indian Penal Code for committing the murders of Gurnam Singh and Darshan Singh and were ordered to undergo RI for a period of one year under S. 148, IPC and to undergo RI for life and to pay a fine of Rs. 1000/- each under S. 302 read with S. 149, IPC. In default of payment of fine, all of them were to further undergo RI for a period of one year. Out of the fine, if so paid, an amount of Rs. 3,000/- was ordered to be paid by way of compensation to the legal heirs of Gurnam Singh deceased and the other sum of Rs. 3000/- to the legal heirs of Darshan Singh deceased, vide judgment recorded by the learned Sessions Judge, Patiala, on November 9, 1994. Whereas, Nirjal Singh has filed Crl. Appeal No. 504-DB of 1994, separate appeal has been filed by the appellants, Jagir Singh, his son Labh Singh, Baghail Singh, Gurnam Singh sons of Jagir Singh and Bhupinder Singh son of Gurdarshan Singh. Tek Singh, father and brother of deceased Darshan Singh and Gurnam Singh has also filed Crl. Revn. No. 240 of 1995 for enhancement of sentence awarded to the appellants herein.

(2.) The way and manner in which Darshan Singh and Gurnam Singh were done to death by the appellants and others was disclosed by Tek Singh, PW 3, who got his statement recorded to S.I. Gurdip Singh, PW 7 at 11 a.m. on Dec. 14, 1992. He stated that he was resident of village Bhootgarh and was doing cultivation. They were four brothers and he had two sons, namely, Darshan Singh and Jagtar Singh. On Dec. 13, 1992, he and his brothers Gurnam Singh, Harnek Singh and son Darshan Singh had gone for sowing the wheat crop in their fields situated at Sham Singh Patti. They were sowing the wheat in nine acres of land which he owns. It was about 3 p.m. that accused Jagir Singh son of Dana Singh and his sons, namely, Labh Singh, Bhagel Singh, Gurmail Singh and four sons of Labh Singh, whose names he did not know, who were residents of Village Jhaneri, Post Office Bhawanigarh and one boy of village Rodewal, Police Station Dirba, who was also not known to him and Bhupinder Singh son of Gurdarshan Singh, resident of village Budlada, reached there on a Swaraj tractor driven by the boy of village Rodewal. They were armed with Gandasas, Lathis and Ghops. On reaching the fields, they started abusing them. Jagir Singh and Labh Singh raised a lalkara saying that they would not spare them today and they must teach them a lesson for taking possession of the land. Immediately on saying so, they all attacked them. Harnek Singh and he started running and stopped at a distance of two or three killas. The accused apprehended his brother Gurnam Singh and son Darshan Singh. Jagir Singh and Labh Singh and two elder sons of Labh Singh started beating his son Darshan Singh. Jagir Singh gave a gandasa blow from its reverse side on the left arm of his son Darshan Singh and Labh Singh gave gandasa blow from its reverse side on the right and left legs of his son, as a result of which, both the legs and left arm were fractured. The other persons were also giving beatings to his son Darshan Singh. Both the sons of Labh Singh and Bhupinder Singh gave beatings to his brother Gurnam Singh. Bhagel Singh gave gandasa blows from its reverse side on right biceps and also gave gandasa blow from its reverse side on the wrist of the same arm. Bhupinder Singh gave gandasa blows from its reverse side on the right leg and both the younger sons of Labh Singh gave lathi blows and Ghops on the left leg of his brother Gurnam Singh. As a result of the aforesaid injuries, right arm of his brother was fractured from near the biceps and from near the wrist and left leg also got fractured. Right leg was also fractured from ankle joint. He and his brother Harnek Singh escaped from them and had witnessed the whole occurrence from a distance. They continued raising alarm 'Na Maro Na Maro' (Do not kill, do not kill). After giving beatings to his son and brother accused rushed towards them. Then they ran away towards their village. All the accused also fled away towards their village Doodian on their tractor from the place of occurrence. The tractor was being driven by the same boy at the time of their departure. When the accused had gone at a far of distance, then he and Harnek Singh went near the injured and took care of them. At that time Gurnam Singh and Darshan Singh were struggling for life. They put them in a rehri and brought to their house. He further stated that his son Darshan Singh succumbed to his injuries on 13-12-1992 at about 7 p.m. and his brother succumbed to his injuries at 3 a.m. on 14-12-1992. He further stated that the accused nursed a grudge for his owning nine acres of land which he got from his grand father 20 years back. Jagir Singh also claimed his right on the said land and would say that he was also BHANJA of Budh Singh. In that connection, cases between them were pending in the Courts of the Sub Divisional Judicial Magistrate and S.D.M., Samana. On 13-12-1992 they continued to look after the injured persons and due to fear they had not come to lodge report at the Police Station because they were afraid that they may not be caused injuries on the way. In the morning of 14-12-1992 he along with Bant Singh Member Panchayat, was going to the Police Station to lodge the report that SI Gurdeep Singh met him at Sahlewal Bus Stand. It is there that he got his statement recorded. 3-4. From the records, it is well made out that the occurrence leading to the death of Gurnam Singh and Darshan Singh had taken place on Dec. 13, 1992 at about 3 p.m. whereas Tek Singh got the FIR registered the next day i.e. Dec. 14, 1992 at about 11 a.m. at village Sahlewal. Formal F.I.R. Ex. PG/2 was recorded at 11 a.m. on Dec. 14, 1992 under Sections 302/148/149, IPC. The special report with regard to the incident was conveyed to the Sub Divisional Judicial Magistrate, Samana, which is at distance of 25-26 Kms. from village Sahlewal, at a 4 p.m. which was carried by Constable Prem Kumar whose affidavit on that behalf was tendered in evidence as Ex. PW 10/A. 5. Dr. P.K. Mittal, Senior Medical Officer, Civil Hospital, Samana, who was examined as PW 1, conducted post mortem examination on the dead body of Darshan Singh on Dec. 14, 1992 at 3.30 pm. and found following injuries :- "1. Contusion 5" x 1" on the left side of the face and the colour was reddish. 2. Contusion 5" x 1" on the right upper arm.

(3.) Both bones of the right leg broken and bone was projecting from the wound.