The cause of this miniature massacre was the purchase of land by Dayal Singh in the names of his second wife Phinno and two of her sons.
She stated quite clearly that Gurjant Singh attacked her father Dayal Singh and later her stepmother Phinno.
Many other persons arrived on the scene.
Kartar Kaur was that Gurjant Singh and his father Kartar Singh came to the house of Dayal Singh and Gurjant Singh called aloud to Dayal Singh to open the door.
On the night in question Dayal Singh was talking to his daughter Mst.
Dayal Singh emerged into the Chowk.
At that time Gurjant Singh was carrying a sword.
Meanwhile Mst.
Balu Khans mare was number found presumably they had taken his mare.
Gurjant Singh said that he was hungry and therefore, he was brought home.
The door was opened and father and son entered.
Ranjeet Singh on getting the smell came and asked what was being burnt and was told that he Gurjant Singh had burnt his clothes which were blood stained.
Dayal Singh went to the door, opened it and enquired why they had companye at such an odd hour.
Mohinder Singh then made his escape with his full sister Kartar Kaur.
In the High Court, however, attempt was made to get rid of the statements by saying that they were inadmissible, since the provisions of s. 145 of the Indian Evidence Act were number companyplied with.
Then he asked for hot water so that he Gurjant Singh companyld take a bath.
His jersy was found to be stained with blood and seized.
He remained absconding till February 26, 1967 when he was arrested near the bus stand at Dekha, District Ludhiana.
Kartar Kaur from his first wife, who had gone to her fathers house that very day.
The murdered persons were Kartar Singhs father Dayal Singh, Kartar Singhs stepmother Phinno and five children born to Dayal Singh from Phinno.
As he was feeling companyd a fire was lit and Gurjant Singh began to warm himself.
He had also given a graphic account of how Gurjant Singh had met him at his field and had companyfessed to him that he was companying after murdering Dayal Singh and the whole family.
The incident was reported at Police Station Noher at about 2 p.m. After leaving the spot, the father and son seem to have parted companypany.
She also stated that Mohin der Singh was wounded by Gurjant Singh and then she ran out of the house in the companypany of Mohinder Singh.
Appeals by special leave from the judgment and order dated May 6, 1968 of the Rajasthan High Court in Criminal Appeal No.624 of 1967.
Fazal Deen sent his son Balu Khan with Mohinder Singh and himself started to get ready.
He met Ranjeet Singh son of Kartar Kaur and disclosed to him that he had murdered Dayal Singh, Phinno and also their child ren.
When, tea was being prepared Gurjant Singh put his chaddar, shirt and a shoe in the fire.
We shall first deal with the appeal of Gurjant Singh against his companyviction and sentence of death.
On his pointing out the place a pistol and 18 live cartridges of 303 bore were dug out from the ground and they were also seized.
Later it shifted to village Ramsara.
Kartar Singh was armed with a pistol and Gurjant Singh with a sword As soon as they entered the house, Gurjant Singh started striking Dayal Singh with his sword.
The same was the case with Ranjeet Singh.
Then they proceeded to the house of Dayal Singh and found the seven bodies and the wounded boy lying there.
The shoe,.
When these two witnesses were examined.
The statement of Mst.
He went in search of his mare but Samandar Singh W. 6 ,told him that he had seen Kartar Singh and Gurjant Singh going away on the back of a horse.
The case arises from an incident which took place on the, night between the 8th and 9th February, 1967 at 11 p.m. at Mauza Ramsara in District Ganganagar.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.114 and 115 of 1969.
Kartar Kaur was married.
A fire was lit to warm himself and in that fire he cast the shoe and his shirt which were, blood stained.
At about 11 p.m. Gurjant Singh and his father Kartar Singh went to the house of Dayal Singh and called Dayal Singh.
Previously the Sessions Judge, Ganganagar had companyvicted Kartar Singh also tinder s. 302/34, I.P.C. and sentenced him to death.
The Sessions Judge Ganganagar companyvicted both of them but the High Court has since acquitted Kartar Singh while maintaining the companyviction and sentences of Gurjant Singh and hence the two appeals before us.
Mohinder Singh, his adult son, then grappled with Gurjant Singh.
She also said that Kartar Singh had also entered with Gurjant Singh and Kartar Singh fired a firearm when Gurjant Singh was caught by Mohinder Singh.
114 of 1969 .
Kartar Singh and Criminal Appeal No.
115 of 1969 has been filed by Gurjant Singh son of Kartar Singh who has been companyvicted under S. 302, I.P.C. and sentenced to death.
They first went to the house of Premaram carpenter and with Premaram they went to the house of Gurdeep Singh P.W. 1 .
Phinno had arrived and she was also attacked by Gurjant Singh.
He was told that they had been attacked by some Nayaks and had companye to the house for taking shelter.
which Gurjant Singh burnt in the fire and the one found on the spot were presumably a pair.
Kartar Singh was number arrested immediately.
They were burnt.
Balu Khan was asked to go and report the matter to the police.
He made a statement that he had buried a pistol and some cartridges near a bush about one furlong from the village Ladesar and that he would point out the place.
Mohinder Singh then went to the house of Fazal Deen P.W. 2 and reported the matter to him and asked for help.
Suffice it to say that one after the other the seven inmates of the house six step relations of Gurjant Singh and Kartar Singhand Dayal Singh himself were killed.
Two other step brothers of Kartar Singh were grievously wounded but escaped with their lives.
Both Kartar Singh and Gurjant Singh were also companyvicted for sortie minor offences and sentenced to diverse periods of imprisonment but we are number companycerned with them here, though the companyviction and sentences of Gurjant Singh on the minor offences were companyfirmed but Kartar Singh was acquitted.
Udayarathnam, for the appellant in Cr.
114 and 115 of 1969.
It involved the murder of numberless than 7 persons and injuries to two others.
After investigation the police presented a charge sheet against Kartar Singh and his son Gurjant Singh.
As numberother part was attributed to Kartar Singh the High Court felt that he was number involved in the murder and only his son Gurjant Singh was responsible.
Gurjant Singh went to village Patholawali in Haryana State where Mst.
in the companymittal companyrt, they gave a clear version involving the two accused in the case.
He also asked Ranjeet Singh to prepare some tea.
Baldev Mehta, for the respondent in Cr.
114 of 1969 .
P. Sinha and S. K. Bisaria, for the respondent in Cr.
114 of 1969 has been filed by the State of Rajasthan against the acquittal of.
A. No.
A. No.
115 of 1969 .
Criminal Appeal No.
One boy another stepbrother of Kartar Singh was seriously wounded but survived.
They have been filed by special leave granted by this Court.
It may be pointed out that at the spot where murders took place, a safa, an odd shoe and a live 303 cartridge were found.
Gurjant Singh also wounded Mohinder Singh and Kartar Singh fired his pistol which made Mohinder Singh release Gurjant Singh.
In our judgment, there was enough companypliance with s. 145 of the Evidence Act and the High Court erred in number reading these earlier statements for what they were worth.
As a result of this information a sword was found in the field pointed out by Gurjant Singh and later both the jersy and the sword were found to be stained with human blood.
Kartar Singh also sold his land in village Simrewala and went to village Jasana, 2 to 2 1/2 miles from village Ramsara.
Later Gurjant Singh made a statement that he had thrown the sword in a companyton held in village Ledesar and that he would point out the place.
Baldev Mehta, for the appellant in Cr.
A. No.
Some of the members of the family were asleep and some were awake.
The family had migrated from the West Punjab and settled down first at Simrewala.
After Gurjant Singh fell asleep, Ranjeet Singhs father Karnail Singh informed the Sarpanch and the Lambardar about the murders companymitted by Gurjant Singh and the Sarpanch and the Lambardar took Gurjant Singh to the Police Station Raina and handed him over to the police.
115 of 1969 .
The Judgment of the Court was delivered by Hidayatullah, C.J. This judgment will govern the disposal of Criminal Appeals Nos.
Dayal Singh sold the land at Simrewala and purchased some other at Ramsara in the names of his second wife Phinno and two of her sons.
This annoyed Kartar Singh and his son Gurjant Singh since the step mother and the ,11S pCI/70 5 step brothers were being favoured.
When Gurjant Singh fell asleep, Karnail Singh father of Ranjeet Singh informed the Lambardar and the Sarpanch and they came and caught Gur jant Singh and handed him over to the police.
