STATE OF PUNJAB Vs. BALWANT SINGH

JUDGEMENT

(1.) In nutshell the facts of the case as per the prosecution version are that Mohinder Singh, an uncle of Gurmail Singh s/o Garja Singh r/o village Birdwal, had suffered a decree regarding 24 bighas of his land in favour of Joginder Kaur w/o Gurmail Singh. Security proceedings under Section 145 Cr.P.C. with regard to the said land were initiated. However on termination of such proceedings, Joginder Kaur agreed to sell that land to Darbara Singh resident of village Ageti and handed over possession of the land to Darbara Singh, on receipt of earnest money. Darbara Singh had sown paddy crop in that land. Gurdial Singh, brother of Gurmail Singh and his sons namely, Ranjit Singh and Jarnail Singh claimed that they had a right in the land in question and they wanted to take forcible possession of that land. Ranjit Singh procured help of two Nihangs namely, Lal Singh and Baldev Singh for doing so.

(2.) On 23.7.1998, Gurmail Singh was bringing meals for Balwant Singh and Harbans Singh, who were working in the fields at about 10.00 a.m., when Gurmail Singh reached near electric motor installed in the land in dispute, he found that Lal Singh and Baldev Singh Nihangs were present there. On seeing Gurmail Singh, both of them asked him about the purpose of his visit to the motor. Gurmail Singh replied that he was there to operate the motor. In the meanwhile, Ranjit Singh armed with a Kirpan, Jarnail Singh armed with a Gandasa came running from the side of motor. Ranjit Singh raised a lalkara (exhortation) that Gurmail Singh should not be spared and his legs be broken. On hearing that Balwant Singh and Harbans Singh sons of Gurmail Singh who were clearing the water channel, rushed towards the motor. In the meanwhile, Lal Singh caught Gurmail Singh from his hair and threw him on the ground. Ranjit Singh gave a kirpan blow on the ankle of left leg of Gurmail Singh whereas Jarnail Singh gave a gandasi blow from its reverse side hitting Gurmail Singh near left knee. Baldev Singh picked up a gandasa lying near the motor and caused injury therewith on right side of the right knee of Gurmail Singh. After suffering injuries, Gurmail Singh could not get up and he pretended to be dead. Thereafter Ranjit Singh, Jarnail Singh and Baldev Singh, standing by side of kotha hatched a conspiracy to kill Lal Singh Nihang, to falsely implicate Gurmail Singh for his murder. As such Ranjit Singh, Jarnail Singh and Baldev Singh caused injuries on the person of Lal Singh and Lal Singh died at the spot. Thereafter, Ranjit Singh, Jarnail Singh and Baldev Singh left the spot alongwith their respective weapons. In the meanwhile, Balwant Singh and Harbans Singh sons of Gurmail Singh arrived at the spot and after arranging for a tractor, they took him to Civil Hospital, Nabha and got him admitted there.

(3.) On receipt of information regarding the incident at Police Station Sadar, Nabha on 23.7.1998, vide chit No. 1120 dated 23.7.1998, alongwith MLR of Gurmail Singh, from Civil Hospital, Nabha, a police party headed by SI Karansher Singh (hereinafter to be referred as 'the Investigating Officer'), went to Civil Hospital Nabha. He obtained opinion of the attending doctor regarding fitness of injured Gurmail Singh to make a statement and after getting the opinion in affirmative, recorded the statement of Gurmail Singh, which alongwith police proceedings was sent to the Police Station for registration of formal FIR. Then Police Party headed by the Investigating Officer went to the spot. The Investigating Officer prepared rough site plan of the place of incident, took into possession blood stained earth, which was converted into a sealed parcel and it was taken into possession vide recovery memo. Blood stained shrub, a type of wedge, was taken into police possession from the spot and converted into a sealed parcel. Dead body of Lal Singh was sent to mortuary of Civil Hospital, Nabha.