BHOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhoga Singh. Jagrup Singh and Gurcharan Singh filed Criminal. Appeal No. 355-DB of 1986 against their conviction and sentence. Jagrup Singh also filed separate Criminal Appeal No. 355-DB of 1986 concerning his conviction and sentence in this case Criminal Revision No. 1166 of 1986 has been filed against the acquittal of Sukh winder Singh accused and for awarding deterrent sentence to the convicts. As common questions of law and fact are involved in these two appeals and the revision as well as in the connected Criminal Appeals No 319 and 320 of 1986 concerning recoveries of spears from Bhoga Singh and Gurcharan Singh respectively, they all shall be disposed of by one judgment.

(2.) In brief, the facts of the prosecution case which emerge from the first information report lodged by Sewa Singh, an eye-witness are that his father Naranjan Singh, (deceased) was working as Mukhtar-i-am of Jarnail Singh, adopted son of Smt. Nand Kaur, who owned about 8 Killas of land in village Longo-wall Both Naranjan Singh deceased and Sewa Singh were in cultivating possession of the said land, which was previously under the possession of Bhoga Singh accused dispute with regard to correction of Khasra Girdawari and security proceedings against the accused party were already pending at the time of the present occurrence which - took place on 4.2.1985 at about 10 p.m. Naranjan Singh deceased his son Sewa Singh P.W. 6, their Shri Pritam Singh and Gian Singh, father- in-law of Sewa Singh were irrigating the land, in dispute. At that time, Bhoga Singh and his son Gurcharan Singh armed with Barchhas along with their relation Jagrnp Singh armed with double barrel gun and Sukhwinder Singh (since acquitted by the trial Court armed with a soti came there. Sukhwinder Singh raised lalkara exhorting his other two co-accused to teach a lesson to Naranjan Singh for grabbing the entire land, in dispute Gurcharan Singh opened the attack and gave a blow with a spear on the chest of Naranjan Singh, whereas, Bhoga Singh accused gave a spear blow on the right side of the neck of Naranjan Singh, who, fell down on receipt of the said injuries. Sewa Singh, Gian Singh, rows and Pritam Singh (who died during the pendency of the trial) raised alarm Na Marc Na Maro. Pritam Singh came forward to save Naranjan Singh By that time, Jagrup Singh accused fired from his gun hitting Pritam Singh on his right arm and right leg. All the accused ran away from the spot along with their respective weapons. Sewa Singh P.W. went near and found that his father was already dead Leaving Gian Singh and Pritam Singh to guard the dead body, Sewa Singh P. W. went to Police Station, Longowal, and lodged first information report on the same night at 11p.m. Special report reached the Haga Magistrate- at Sangrur at 6.10 am on the following morning.

(3.) After recording the first information report, S.T. Jagjit Singh accompanied by Police officials and Sewa Singh reached the spot at about mid-night, prepared inquest report, and. sent the dead body for post-mortem through Head Constable Jagraj Singh and Constable Hoshrar Singh He lifted one empty .12 bore cartridge and blood stained earth from near the spot, prepared rough-site plan recorded the statements of the P Ws and searched for the accused, who were not immediately available. Jagrup Singh accused was arrested on 9.2.1985. At that time, he produced his .12 bore licensed gun and four live catridges, which, were taken into possession by the said Sub-Inspector.