KARNAIL SINGH Vs. STATE

JUDGEMENT

(1.) - This criminal appeal is directed against the judgment dated 22-12-1980 convicting the appellants Karnail Singh Sb Nand Singh, Saheb Singh, Nikshatra Singh, Banta Singh, Sikattar Singh all sons of Karnail Singh, Bhajan Singh, Bachhan Singh, Sikttar Singh, Bhal Singh, Mukhtiar Singh and Darbara Singh of offence under Sections 302/149 I.P.C. and sentenced to imprisonment for life. They have also been convicted for the allied offence as under Sections 307/149, 326/l49and 148 I.P.C. During he pendency of the appeal, the appellants Bhal Singh Mukhtiar Singh and Darbara Singh died. The said fact has been noticed in the order sheet dated 21st January, 1997. Thus, the appeal filed by the said three appellants stands abated.

(2.) The brief facts of the case are that P.W. /1 Jagir Singh lodged the F.I.R. at the Police Station Taiwara Jheel on 4-2-1977 stating inter alia that on 3-2-1977 his nephew alongwith his niece Prakash Kaur had gone to Hanumangarh to meet Milkha Singh who was lodged in sub jail. Both of them returned to their village Talwara Jheel by train. They got down at about 8.00 p.m. Accused Karnail Singh and his son also travelled with them in the same train. They were returning from Hanumangarh after attending the court. As soon as they landed on the railway station, Lakha Singh was surrounded by them in order to assault him. Prakash Kaur immediately informed to PW /6 Sukha Singh at his residence. In turn, Sukha Singh went to the house of PW/ 1 Jagir Singh where, alongwith Jagir Singh, deceased Gehna Singh, PW /3 Samunda Singh, PW /2 Tilok Singh were talking to Barn Singh with respect to the sale of a land. Sukha Singh told him about the surrounding of Lakha Singh by the accused persons at the railway station in order to assault him. All the 5 persons proceeded towards the house of Lakha Singh. In the way, near the place known as Kaniram ke pechT all the accused persons alongwith Shingra Singh met. They challenged and threatened to kill them. The accused Nichatra Singh was armed with a rifle and Karnail Singh with 12 bore gun. All the other accused persons were carrying weapons like gandasa, barcha and lathis with them. The accused Mukhtiar Singh gave a barcha blow on the chest of Gahna Singh so as Banta Singh also gave a barcha blow on account of which. Gahna Singh fell down. Thereafter Darbara Singh. Banta Singh. Mukhtiar Singh and Nichtra Singh also thrashed Gahna Singh by different weapons. At that time Sikttar Singh shot two fire from the rifle. PW /2 Tilok Singh tried to escape on which. Kamail Singh from his 12 bore gun fired, which hit on his back on account of which he fell down. The other accused persons Sahab Singh. Bahal Singh and Shingra Singh assaulted him by lathis, gandasis and barchis. PW.3 Samund Singh was surrounded by Bachhan Singh and was given beatings by barchis, gandasis and lathis. PW /5 Barkha Singh intervened and advised the accused persons not to assault them on which. Sikttar Singh assaulted him. Gahna Singh died on the spot. The incident was witnessed by PW /1 Jagir Singh and PW /6 Sukha Singh having concealed themselves behind the wall of food-grain shop. After the accused persons left the spot. PW 11 Jagtr Singh. PW/6 Sukha Singh, took the injured PW. 12 Tilok Singh and PW 13 Samunda Singh to the house of Samunda Singh leaving Sukha Singh near the dead body of Gahna Singh. Jagir Singh took all the three injured persons to the police station at Talwara Jheel. The oral F. I. R. was lodged before PW /11 Richpal Singh, In-charge Police Station Talwara Jheel. The police registered the case and proceeded with the investigation. The police prepared the inquest report and sent the dead body of Gahna Singh for post-mortem. After usual investigation police laid chargesheet against all the 11 accused persons and Shingra Singh who died during the investigation of offence under Sections 302, 307, 326, 324, 148, 147 and 149 I.P.C. and Sections 25/27 of the Arms Act.

(3.) The accused persons denied the charges levelled against them and claimed trial. The prosecution in support of the case examined 11 witnesses and produced certain documents. In statement under Section 313 Cr. P.C. all the accused persons denied the correctness of the prosecution evidence appearing against them. The Appellant Sikttar Singh stated that on the day of the incident when he alongwith Darbara Singh. Shingara Singh. Bhajan Singh etc. had returned from Hanumangarh after attending the court as soon as they landed on the railway station Talwara Jheel. Barkha Singh. Jagir Singh. Lakha Singh. Sukha Singh etc. armed with gandasi, lathis and barchis attacked and assaulted them. He somehow managed to reach at the house and informed about the incident. The accused Mukhtiar Singh and Bachhan Singh have stated that when Sikttar Singh informed about the incident at the railway station. they armed with gandasis and lathis proceeded towards the railway station. As soon as they reached near the school. they were informed that Darbara Singh and Shingara Singh have been taken to the house in injured condition when they were returning from the railway station near food-grain mandi, deceased Gahna Singh. PW 12 Tilok Singh and PW 3 Samunda Singh met them. They started abusing them. They also assaulted them by barchis and gandasis. Mukhtiar Singh sustained serious injuries in the stomach on account of which his intestine came out. The accused persons have also given details with respect to the arms carried by the prosecution witnesses and the part played by them. They also stated that the F.I.R. of the incident was also lodged at the police station Talwara Jheel. They have proved the said F.I.R. Ex. D/15. Analysing the evidence the learned Judge found the prosecution case proved and accordingly convicted and sentenced the appellants as noticed above.