HAZURA SINGH HARI SINGH Vs. CROWN

JUDGEMENT

(1.) HAZURA Singh, son of Han Singh, Jat Sikh of village Hebuwana, Tabsil Birsa, aged about 46 years, has been convicted Under Section 302, Penal Code, for the murder of Kheta Singh alias Kheta by firing at him with a pistol on 30th June 1948. Hazura Singh has bye0 sentenced to death. He appeals and the proceedings are before us under chap. 27, Criminal P. C. for the confirmation of the sentence of death imposed upon the appellant.

(2.) THE facts, so far as material are that Mfc. Ajmer Kaur, P. W. s, had married Jahangir Singh, brother of Hazura Singh convict by kerwea and she had given some land of Jahangir Singh to her father Kishan Singh for cultivation on batai, Hazura Singh, however, resented its and asserted his own claim upon which Mt. Ajmer Kaur filed a complaint Under Section 147, Penal Code. In that case Hazura Singh and Sarwan Singh were sentenced to sis months rigorous imprisonment and fine. Hazura Singh filed an appeal against his conviction and sentence and was on bail during the pendency of that appeal when the incident, which has given rise to these proceedings, took place on 30th June 1948.

(3.) THE case states that on 3oth June 194s at about p. m, a marriage party of one Sbamsher Singh son of Jang Singh Jat of Hebnwana left for village Machhana in and procession from village Hebuwana. As this procession appeared to be somewhat attractive the village people came out of their houses to see this procession going. Kheta Singh deceased, Dalip Singh, Kawat Singh, Bhura Singh and Mohan Singh and others took their seats on chabutra of Lai Singh towards the village Phaha, while Hazura Singh accused sat on the-stem of a tree near the chabutra of Ajaib Singh's nohra just opposite to Lai Singh's chabutra across the gali. When the marriage-procession had passed, Hazuia Singh came on Lai Singh's chabutra, and taking out a pistol from his dab fired at Kheta Smgh. The latter fell down on the chabutra. At this stage Rawal Singh shouted to Kithan Singh, father of Kheta, who was sitting towards the gali in front of Lai Singh's house and then Dalip Smgh and Kawat Singh ran towards Dalip Singh's house from where Dalip Singh picked up a gun and riding on a mare followed Hazura Singh to some distance. Hazura Singh, however, took up a position behind a begi tree from where he began to fire shots from his pistol. The pursuit party came back, The report was made at the--police station on the same day at 10 p. m. ; the-distance between the police station and the village is seven miles.