NIRBHAI SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The question involved in this case is as to whether "a person can succeed to the property of a person killed by him even if he is convicted under Section 304 (Part-1) and not under Section 302 of the Indian Penal Code, 1860 and can claim non-application of Section 25 of the Hindu Succession Act, 1956?

(2.) The dispute in this case is in respect of mutation of the estate of Maghar Singh S/o Kartar Singh, who died unmarried and issue-less. After the death of Maghar Singh, mutation no.3744 in respect of his estate was sanctioned in favour of the private respondents on the basis of natural succession. The order of sanctioning the mutation dated 18.01.2008 passed by the Assistant Collector 2nd Grade was challenged in appeal before the Collector by the petitioner on the ground t the private respondents could not have succeeded to the property of the deceased as it had already been bequeathed by the deceased in favour of the petitioner by way of a registered Will dated 10.02003. The appeal was, thus, accepted by the Collector on 05.11.2008 and order dated 18.01.2008 was set aside and the matter was remanded back to the Assistant Collector 1st Grade for fresh orders. After the remand, the Assistant Collector 1st Grade sanctioned the mutation of inheritance of the estate of Maghar Singh in favour of the petitioner on the basis of the registered Will. During the said proceedings, the Assistant Collector 1st Grade was informed that a case arising out of FIR No. 169 dated 27.12007, registered under Section 302 IPC at Police Station Sadar, Sangrur is pending against the petitioner with the allegation that the petitioner had killed the testator Maghar Singh. The Assistant Collector 1st Grade, thus, also observed in his order dated 29.07.2009 that in case the petitioner is convicted by the Criminal Court, then his order may be challenged in appeal on the said ground.

(3.) The private respondents filed the statutory appeal against the order of the Assistant Collector 1st Grade dated 29.07.2009. During the pendency of the said appeal, the petitioner was convicted by the Sessions Judge, Sangrur for the offence under Section 302 IPC for the murder of testator Maghar Singh vide his judgment dated 08.09.2009 and vide his order dated 09.09.2009, sentenced the petitioner to suffer imprisonment for life with no order as to fine. Consequently, the Collector, Sangrur reversed the order of the Assistant Collector 1st Grade dated 29.07.2009 and the mutation in favour of the private respondents was restored. It was now the turn of the petitioner to file appeal against the order of the Collector before the Divisional Commissioner, Patiala. Since the matter of conviction and sentence of the petitioner in the murder case was pending in appeal before this Court, therefore, the appeal was adjourned sine die, subject to the outcome of the criminal appeal and the parties were restrained from alienating the suit property till the decision of the criminal appeal by this Court. It was also observed therein that as soon as the criminal appeal is decided, the parties may approach the Court to hear the matter. Criminal Appeal No.D-925-DB of 2009 titled as "Nirbhai Singh v. State of Punjab" was decided by this Court on 11.08.2015. It was found by the Court that Maghar Singh was killed by the petitioner by inflicting a knife blow on the left side of his chest, which proved fatal but it was held to be under a sudden and grave provocation and, thus, the conviction of the petitioner under Section 302 IPC was set aside and he was convicted under Section 304 (Part-1) IPC and his sentence was reduced from life imprisonment to 10 year rigourous imprisonment with a fine of Rs. 10,000/- and in default of payment of fine, for another one year rigourous imprisonment.