SURJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On the statement of Baljinder Singh son of Gurcharan Singh, Surjit Singh son of Fauja Singh, Satnam Singh son of Amar Singh, Gurcharan Singh alias Pappu son of Surjit Singh, Inderjit Singh alias Kala son of Surjit Singh and Jamail Singh son of Teja Singh residents of village Bansa have been challaned under sections 302/307/148/149 IPC and 25/27 Arms Act by the police of PS Nissing for the murder of Gurcharan Singh father of the Baljinder Singh in case FIR No. 322 dated 9.10.98 which was registered on the statement of Mohabbat Sinmgh son of Tehal Singh resident of village Bansa. As per Baljinder Singh and Jobe Singh are brothers. They do not own any land. There is 8 killas of land situated in their village belonging to Mitra Trust. Said land had been taken by Baljinder Singh's uncle Swaran Singh alias Gola in the year 1998 for sowing paddy on batai basis. There is land measuring 40 Killas in the village belonging to the Panchayat. Village People had forcibly taken possession of that land and ploughed it. Among the village people who had taken possession of that land measuring 40 killas and plougned it, the foremost were Surjit Singh son of Fauja Singh, Jarnail Singh son of Teja Singh, Mohabbat Singh son of Tehal Singh and Sukha Singh son of Sewa Singh etc. Almost the entire village had ploughed this land. About the same time, the said people of the village had ploughed 8 killas of land belonging to the Mitra Trust. Earlier, the people of the village had leased out this land measuring 8 killas without the consent of the Panchayat to Kashmir Singh son of Kartar Singh for Rs. 60,000/- who remained in possession for 10-12 days. Thereafter, about 10-12 days prior to the occurrence in which Baljinder Singh's father lost his life, Kashmir Singh had given up this land measuring 8 killas as it was disputed land and the village people had leased out this 8 killas to Satnam Singh son of Amar Singh. Surjit Singh was also a co-sharer in the leased land. Satnam Singh had taken this land on lease for Rs.40,000/- In 4 killas of land, he had sown paddy while in the remaining 4 killas, he had sown jwar. On 8.10.98 at about 10-11 p.m., Baljinder Singh and Joga Singh, their father Gurcharan Singh, with the help of Didar Singh son of Virsa Singh, Lakha Singh, Mohinder Singh, Balbir Singh had ploughed that land measuring 8 killas. Baljinder Singh and Joga Singh were ploughing the land with tractor. There father Gurcharan Singh was moving about in the middle of the field. Didar Singn, Lakha Singh, Mohinder Singh and Balbir Singh were holding dangs and barchhas with them. Baljinder Singh, Joga Singh and Gurcharan Singh had kept Didar Singh etc. standing armed with dangs and brachhas for their safety in the bazra field. In the meantaine Surjit singh Satnam Singh, Pappu alias Gurcharan Singh, Kala Alias Inderjit singh and Jarnail Singh came towards them through the paddy field from the side of school. Surjit Singh was raising lalkara thumpingly that they were not to be spared that day. Papu and Satnam Singh were armed with double barrel guns. Surjit Singh raised lalkara exhorting Papu and Satnam Singh that they should shoot Baljinder Singh etc. dead and see that they do not go unharmed. Within the sight of Baljinder Singh and Joga Singh, Pappu alias Gurcharan Singh fired shot at Gurcharan Singh while he was moving in the field from double barrel gun and Gurcharan Singh fell down on receipt of the fire shot. In the same strain, Satnam Singh also fired shot from his 12 bore double barrel gun. One fire shot hit the hind tyre of tractor T-25 of Baljinder Singh. Some pellets hit Baljinder Singh also on his right arm and on the side of his back. Satnam Singh fired many shots which frightened Baljinder Singh. He ran away straight and reached civil hospital, Karnal where he was not admitted by the doctor. Thereafter, he went to the court along with his counsel. Court passed an order directing his medico-legal examination. Still the doctor did not admit him to the hospital. He got him medico-legally examined at Nissing Govt. Hospital. Said doctor sent him to Karnal for x-ray examination where he was not x-rayed till 11. 10.98 as two accident cases were lying there. As per Baljinder Singh, he continued roaming about in Karnal partly to get himself treated and partly due to the fear of Surjit Singh party. As per him, his father was done to death by Pappu alias Gurcharan Singh who fired shot from the double barrel gun. Satnam Singh made murderous attempt on him by firing shot at him from double barrel gun.

(2.) Learned counsel for the petitioner submitted that Baljinder Singh has not given correct version of the occurrence. It was submitted that his version is highly delayed. Occurrence took place on 8.10.98 at about 11 p.m. while he appeared before the police on 11.10.98 and made statement. It was submitted that even as per Baljinder Singh, only lalkara has been attributed to the petitioner. Co-accused Inderjit Singh alias Kala and Jarnail Singh have been allowed bail. It is submitted that case of Surjit Singh is not distinguishable from the case of Jarnail Singh and Inderjit Singh. It was further submitted that the statement of Mohabbat Singh who lodged FIR on 9.10.98 i.e soon after the occurrence, should not be ignored and lost sight of. As per him, Satnam Singh had taken this land on lease and had sown paddy and jwar in it. Gurcharan Singh deceased, members of his family and his companions were not taking it sportingly that this land had been taken on lease by Satnam Singh. Meeting was held between them and at the time in the meeting they decided that they would destroy crop and they would not allow the crop to be harvested by Satnam Singh. On 8.10.98 at about 11 p.m. Gurcharan Singh deceased Joga Singh, Pappa Singh, Swaran Singh, Lakha Singh, Mohabbat Singh, Balbir Singh, Didar Singh and Harjit Singh had assembled at water works and had taken liquor and they came on two tractors raising cat-calls. Balbit Singh was carrying double barrel gun with him. Didar Singh was carrying .315 bore gun and others were carrying swords and gandasas. They started destroying the paddy and jwar crop. they fired gun shots. On hearing the lalkara and the report of gun shots, Satnam Singh came out of his house with gun. He fired shots from near the school wall from the village. Angrej Singh. Sujan Singh and many persons accompanied Mohabbat Singh and asked Gurcharan Singh etc. as to why they were destroying the crop. On seeing Mohabbat Singh, Amarjit Singh, Sujan Singh and others coming towards Gurcharan Singh etc. Joga Singh etc. left on one tractor at the spot and others drove on the tractor and some went on foot while firing shots. Mohabbat Singh and other people of the village went to the spot. They found that Gurcharan Singh had died on receiving gun shot in the field. As per Mohabbat Singh, it is known as to whose shot had hit Gurcharan Singh. As per Mohabbat Singh, Joga Singh, Pappa Singh, Swaran Singh, Lakha Singh, Mohinder Singh, Balbir Singh, Didar Singh, Harjit Singh in common concert destroyed the crop and fired shots killing Gurcharan Singh. Learned counsel for the petitioner submitted that Satnam Singh son of Amar Singh was in possession. Gurcharan Singh etc. destroyed the crop. They interfered with the possession of Satnam Singh. To facilitate the destruction of the crop, they fired shots and one of the shots hit Gurcharan Singh, their own man who died. It was submitted that instead of there being a case under sections 427/447/148/149 IPC alone against Lakha Singh, Joga Singh, etc, there should have been case under Section 302 IPC as well against them.

(3.) In the statement of Mohabbat Singh, there is no explanation for the gun shot injuries of Baljinder Singh. As per Baljinder Singh, Surjit Singh was also co-sharer with Satnam Singh in the land and it was he who ignited his sons to indulge in firing shots at them. It is not a case where the court should exercise its discretion and grant bail to Surjit Singh.