PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARA Singh, his son Maktool Singh, his brother Piara Singh and the latter's three sons, namely, Sukhchain Singh alias Chain Singh, Surta Singh and Kabul Singh, were brought to trial for the murder of Mangal Singh and for causing simple and grievous injuries to the eye-witnesses and for rioting. Piara Singh and Sukhchain Singh were convicted for an offence under Section 302 read with Section 34, I. P. C. and were given life imprisonment each. They all except Surat Singh (since acquitted) were also convicted under Sections 148 and 307 and 324 read with Section 149 and under Section 323, I. P. C. and were awarded varying sentences of imprisonment. All the sentences so awarded were ordered to run concurrently. Feeling aggrieved against, their conviction and sentences, Piara Singh, Sukhchain Singh and Kabul Singh filed appeal.

(2.) ALL the accused, the deceased and all the eye-witnesses in this case are descendants of a common ancestor Natha Singh and are collaterals of I and II degrees. Harbans Singh who is unmarried and both deaf and dumb, used to reside with his brother Mangal Singh (now deceased) and his mother in a house built in the fields near the place of occurrence. He owned 2 1/2 kill as of canal irrigated land situated in village Lopoke. This land was given by Harbans Singh for cultivation to accused Piara Singh and Tara Singh, but they were stated to be not giving him his due share of produce. He felt dissatisfied with them, got vacated the land from the possession of the aforesaid accused and started doing self-cultivation of the same. He had sown the first crop in the said land in Rabi, 1973. About 20 days prior to the present occurrence, some dispute arose between Harbans Singh and the said accused, which culminated into cross-security proceedings between them.

(3.) ON 27-6-1973, on receipt of intimation regarding the death of Mangal Singh, Assistant Sub-Inspector Atma Singh (P. W. 13) went to the V. J. Hospital and held inquest and despatched the dead body for autopsy. On the following day, he inspected the spot and prepared its rough site-plan and also picked up blood-stained earth therefrom. He arrested the accused and interrogated them. Tara Singh accused got recovered sword, Exhibit P. 2, Maktool Singh got recovered gandasi, Exhibit P. 3, Chain Singh got recovered barchhi, Exhibit P. 4, Piara Singh got recovered barchhi, Exhibit P. 5 and Kabul Singh got recovered gandasi, Exhibit P. 6, from the specified places of concealment. The Sub-Inspector took into possession copies of Khasra Girda-wari and Jamabandi pertaining to the land where the occurrence took place. Chain Singh and Piara Singh were found to be in conscious possession of spears without licences, and as such two cases under the Arms Act were got registered against them.