LEELA SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeals No. 436 -DB of 1997 preferred by accused -Leela Singh, Criminal Appeal No. 391 -SB of 1997 preferred by accused -Bant Dass and others, directed against judgment and order dated 20.3.1997 passed by the Additional Sessions Judge(I), Sangrur, whereby in case FIR No. 17 dated 16.2.1994 Under Sec. 302/449/120B/380/323/148, 149 IPC, Police Station Dirba, District Sangrur, the accused -appellants, Leela Singh and Sher Singh have been convicted under Sec. 302 IPC, for having committed the murder of Mahant Shiam Dass and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/ - and in default of payment of fine, to further undergo rigorous imprisonment for one year. Both of them along with their co -accused Bant Dass and Jang Singh have also been convicted for committing offence under Sec. 449 IPC and have been sentenced to undergo rigorous imprisonment for seven years each and to pay a fine of Rs. 300/ - each and in default of payment of fine, to further undergo rigorous imprisonment for six months. Likewise, ll these four accused have further been convicted for committing offence under Sec. 380 IPC and have been sentenced to undergo rigorous imprisonment for seven years each and to pay a fine of Rs. 300/ - each and in default of payment of fine, to further undergo rigorous imprisonment for six months. All the substantive sentences were, however, directed to run concurrently. Criminal Revision No. 915 of 1997 has been preferred by Mahant Bhagwan Dass challenging the afore -stated judgment vide which accused Sukha Singh has been given benefit of doubt and accused Bant Dass has been sentenced to R.I. for seven years and fine of Rs. 300/ -.

(2.) In brief, the facts of the case are that on 16.2.1994, Mahant Ved Bhagwan Dass (PW 3) made statement, Exhibit PK, before SI Harpreet Singh, SHO of Police Station Dirba and his police party, who were present at the bus stand of Dirba, to the effect that he was the nephew and also Chela of Mahant Shiam Dass, Dera Thakur Duara, Naga Kherri. As per routine, on that day, at about 6.30 PM in the Langar of the Dera, Mahant Shiam Dass along with other members of the Dera, i.e. driver Ram Parkash, Jethu Ram, crop -sharer(seeri), Gurtej Singh, crop -sharer(seeri) and the complainant were taking meals and Pala Ram, Langri, was distributing meals outside the Langar Hall in the court -yard of the Dera. Maghar Singh and Kadda were sitting and taking the meals. All of a sudden, three persons carrying Gandasas in their hands, emerged in the Langar hall. Out of those persons, one was Leela Singh, the second one was Sheru while the third one could not be identified by the complainant as he had covered his face with turban. On entering the hall, Sheru stated in a loud voice to all the persons sitting there that no one should run out as their armed men were standing outside and while facing Mahant Ji (Mahant Shiam Dass) stated "Mahant Takra Ho Ja Tainu Jameen Da Mukadma Larrande Han (Be strong, they will teach him a lesson for fighting the litigating regarding the land).

(3.) Immediately, accused Leela Singh hurled his Gandasa striking Mahant Shiam Dass on his head who tried to run towards his room when accused Sher Singh gave a Gandasa blow from its sharp side hitting on the head of Mahant Shiam Dass. Mahant Shiam Dass tumbled over the threshold and all the three started giving blows with Gandasas. In order to save themselves the complainant and others spread in the hall on the sides and concealed themselves. The complainant concealed himself in the bathroom. The driver who was sitting with the Mahant, tried to save Mahant.