STATE Vs. NIDHAN SINGH

JUDGEMENT

(1.) NINE persons namely, Nidhan Singh, Jagjit Singh son of Nilkha Singh, Kuldip Singh son of Wadhava Singh, Dewan Singh son of Nihal Singh, Nihal Singh s/o Man Singh, Manga Singh s/o Mangal Singh, Tara Singh son of Milkha Singh, Shonku Ram son of Kirpa Ram and Ajit Singh s/o. Ram Singh residents of village Sunjwan, Tehsil Samba, were arrayed as accused persons in reject of an occurrence which took place on 18. 6. 1971 at about 6 a. m. at Adda Barian in which one Harnam Singh was allegedly murdered. The accused persons were tried for offences under Sections 302/34/120-B. Rule P. C. The learned Sessions Judge, Jammu vide his judgment dt. 6. 11. 1972 acquitted all of them of all the offences. The State has come up by way of an appeal against their acquittal.

(2.) ON 2. 3. 1973, this appeal was-admitted only as against respondents 1, 2 and 3, namely: Nidhan Singh, Jagjit Singh and Kuldeep Singh. The appeal against the acquittal of the remaining 6 accused was dismissed in limine with the. result that their acquittal stood confirmed by implication.

(3.) ACCORDING to the prosecution case, all the 9 accused had assembled at the house of Kuldeep Singh respondent No. 3 on the night of 17th of June, 1971 and had entered into a criminal conspiracy to put an end to the life of Harnam Singh and that in furtherance of that conspiracy, the first three respondents, namely; Nidhan Singh, Kuldeep Singh and Jagjeet Singh, on 18. 6. 1971 lay in wait for the deceased. Harnam Singh, early in the morning and sighting him at 'adda Barian', situated on the Jammu-Pathankot Highway assaulted him. It is alleged that Harnam Singh deceased was coming on a cycle and that Nidhan Singh respondent on seeing him raised a 'lalkara' to catch hold of him and not to let him go alive, Accordingly, Kuldeep Singh respondent No. 3, caught hold of Harnam Singh by his waist and Nidhan Singh respondent No. 1 inflicted 2/3 blows with 'darat' on the head of the deceased. Jagjeet Singh respondent No. 2 also inflicted Lathia blows on his back. Harnam Singh fell down and succumbed to his injuries. Gurmeet Singh s/o the deceased, who was following his father, to Adda Barian for making some purchases, saw the, entire occurrence himself and raised hue and. cry, hearing which the accused persons ran away. Gurmeet Singh then rushed, alone to' Police Station Samba where he lodged the FIR at about 8. 30 a. m. The first three respondents were named as the accused persons and it was also mentioned in the FIR that besides them some other persons were also present and had taken part in the murder of Harnam Singh. Old standing litigation and enmity was disclosed as the motive for the assault on Harnam Singh. After the FIR was lodged the investigating officer, S. Ravel Singh S. H. O. proceeded to the spot and started the investigation. He recorded statement of the witnesses under Section 161 Cr. P. C. and took into possession a bag, a bicycle and an identity card belonging to the deceased from the place of occurrence. Some blood stained earth was also seized and sealed and the dead body of Harnam Singh was sent to the Hospital for post-mortem. The first three respondents were arrested and in pursuance of the information, allegedly given by Nidhan Singh respondent No. 1, a Darat, Ex. P. 1 was recovered and taken into possession from the compound of his house. A shirt of respondent No. 1, allegedly stained with blood was also seized. A Lathi was allegedly recovered from Jagjeet Singh respondent No. 2. The post-mortem was conducted by Dr. Jugal Kishore P. W. who found the following injuries on the person of the deceased: