On appeal filed by the State, the Punjab Haryana High Court companyvicted the six appellants under Section 302 read with Section 149 Indian Penal Code for the murder of Amrik Singh and Surat Singh and sentenced each of them to undergo imprisonment for life.
The dead body was then sent to the mortuary at Phillaur.
As these injuries had been caused with a blunt weapon and numbere of the accused was shown to have been armed with a blunt weapons, the trial companyrt came to the companyclusion that the three eye witnesses were number stating the truth.
I learnt on my return that Amrik Singh and Surat Singh tried to demolish the well on which the people of the village assaulted them and filled them.
Each of the six appellants was also companyvicted under Section 148 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years.
The trial companyrt referred to the fact that Surat Singh had five injuries companysisting of a companytusion and lacerated wounds.
also reached Patti Thakarwal gate Surat Singh and Amrik Singh deceased were seen companying from the side of Mohan Singhs haveli.
The trial companyrt acquitted the accused because it was of the view that there was numberreliable evidence to prove the charge against the accused.
Surat Singh at that time sided with Amrik Singh.
The sentences in the case of each of the appellants were ordered to run companycurrently.
The trial companyrt further took the view that the information report was number lodged at the time in purported to have been done.
At the trial Bishan Singh accused gave the following version of occurrence.
Harbans Singh at the same time gave a barchha blow in the chest of Amrik Singh.
It is also in the testimony of these witnesses that when Amrik Singh ran away after being hit with a barchha by Harbans Singh accused, he Amrik Singh was followed by Hazur Singh accused and Surjit Singh, who were at that time holding unsheathed kirpans.
I also came to know that my name had also been mentioned as one of the assailants and I therefore appeared before the police on the same day.
Surjit Singh and Hazur Singh accused thereafter ran away.
Mohan Singh, Jagdarshan Singh and Amrik Singh PWs were present there near Surat Singh.
The cause of the alternation was that Amrik Singh and Surat Singh deceased wanted the old deserted well near gate Patti Thakarwal to filled up, while Hardial Singh, Hazur Singh and Bishan Singh accused opposed the idea of filling up that well.
Charan Singhs house is at a distance of about 100 karams from Patti Thakarwal gate.
The bones under the lacerated wounds on the left ring finger and left little finger were found to have been fractured.
Surat Singh was then taken on a company to Jandiala Health center at a distance of 1 1/2 miles from Samrai.
Mohan Singh, Jagdarshan Singh and Amrik Singh then went near Surat Singh who was bleeding profousely.
The sub Inspector found the dead body of Amrik Singh lying in Charan Singhs house.
Amrik Singh deceased entered the house of Charan Singh and wanted to shut the door from inside but Hazur Singh and Surjit Singh pushed it open and followed Amrik Singh into the house.
Leaving Pritam Singh PW to stay near the dead body, Avtar Singh PW proceeded towards the house of Amrik Singh to inform his relatives.
One of these injuries was the result of an operation.
This suggestion, in our opinion, was wholly unfounded, because we find that the evidence of Dr. Prithvi Raj shows that Surat Singh was brought to the Primary Health center Jandiala by Mohan Singh, Jagdarshan Singh and some others.
The parties were about to grapple but others intervened and separated them.
In support of its allegation, the prosecution has examined Mohan Singh PW 5 , Jagdarshan Singh PW 6 and Amrik Singh PW 7 as eye witnesses of the occurrence near Patti Thakarwal gate.
It is primarily upon the evidence of there three witnesses that the High Court has based the companyviction of the accused appellants.
Hazur Singh and Surjit Singh appellants were further companyvicted under Section 449 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of five years.
In the result, of the appeal was accused and the accused appellants were companyvicted and sentenced as above.
After the arrest of the accused, it is stated, the various weapons with which they were armed it is stated the various of their disclosures statements on June 3, 1969.
Hazur Singh and Surjit Singh chased Amrik Singh.
Post mortem examination on the dead body of Amrik Singh was performed by Dr. Miglani on May 29, 1969 at 1.15 a.m. Dr. V.K. Jindal performed post mortem examination on the dead body of Surat Singh at 10 a.m. on May 29, 1969.
Bishan Singh accused then gave a blow with kirpan on the head of Surat Singh.
On this, they said that they would fill up the well and then we would number be able to prevent them from sitting in the gate.
Mohan Singh there after returned to the spot where Surat Singh was lying.
The lacerated wounds were on the right shoulder, right leg, back of the left finger and back of the left little finger.
It cannot be disputed that a number of injuries were caused to Amrik Singh Surat Singh deceased as a result of which they died.
Dr. Prithavi Raj accordingly called for the ambulance and after giving first aid treatment to Surat Singh, took him in the ambulance to the Civil Hospital Jullundur, Mohan Singh PW went there from Jandiala Health center to Nurmahal police station and lodged there report P.C. at 7.30 p.m. Nurmahal police station is at a distance of six miles from village Samrai.
Amrik Singh and Surat Singh deceased, along with Amrik Singh and Jagdarshan Singh PWs used to crack jokes with the ladies who companye to the well for taking water, sitting on the platform in the gate near well.
There were five incised wounds, one companyfusion, four lacerated wounds and two abrasions on the body of Surat Singh.
Mohan Singhs field is at a distance of about one mile from the place of occurrence and it companyld number have been possible for him to take Surat Singh on a company from the place of occurrence to Jandiala Health center and reach there at 6 p.m. if the witness had in fact, been away to the fields.
The accused raised doubts that Surat Singh and Amrik Singh who were empty handed should be killed.
Gurdial Singh also gave a gandassi blow on the right of Surat Singh.
have deposed as to how the accused appellants attacked the two deceased persons near Patti Thakarwal gate.
Amrik Singh deceased died soon after the receipt of injuries.
On receipt of these blows, both Amrik Singh and Surat Singh ran towards Mohan Singhs haveli.
More blows were then given to Surat Singh with kirpans by Bishan Singh and Hardial Singh.
Thirteen injuries were found on the body of surat Singh when Dr. Jindal performed the post mortem examination on the dead body.
In the meanwhile, Amrik Singh deceased while running through the lane found that the door of the house of Charan Singh was open.
No reliance was also placed upon the evidence of recoveries of different weapons.
Amrik Singh with a view to save his life then ran into the lane.
According to the prosecution case, the injuries to Amrik Singh and Surat Singh deceased were caused by the accused appellants.
Avtar Singh then told Mohan Singh about the assault on Amrik Singh deceased by Hazur Singh and Surjit Singh accused and Amrik Singh having died as a result of that assault.
A number of kirpan blows were given by Hazur Singh and Surjit Singh to Amrik Singh.
Surat Singh deceased, however, fell down at a distance of about 20 karams.
Mohan Singh PW then went to the house of Charan Singh and saw the dead body of Amrik Singh lying there.
Gurdial Singh accused was armed with Gandasi P 5, Harbans Singh had barchha p 4 and the remaining four accused were armed with kirpan.
The various injuries in the opinion of the doctor, were sufficient in the ordinary companyrse of nature to cause death.
Likewise, the trial companyrt did number accept the evidence of Avtar Singh and Pritam Singh PWs about the assault on Amrik Singh in the house of Charan Singh.
Harbans Singh accused gave a barchha blow on the right shoulder of Surat Singh when the latter was lying on the ground.
These witnesses have further given evidence about the injuries caused to Surat Singh by the accused appellants.
Dr. Prithavi Raj of Jandiala Health center found that the companydition of Surat Singh was serious.
I had many a time objected to their behaving in that way.
On the way near the gate of Patti Thakarwal, Avtar Singh saw Surat Singh lying injured.
The six appellants have number companye up in appeal to this Court.
On May 28, 1969 at about 5 p.m., it is stated, Mohan Singh PW 5 , who is the father of Surat Singh Deceased, went to Patti Thakarwal gate after asking the respectable persons of to above Patti to settle the dispute regarding the filling up of the well in question.
Harbans Singh and Hazur Singh Appellants are companylsterals.
Harbans Singh, Gurdial Singh, Bishan Singh and Hardial Singh accused then went towards the fields with their respective weapons.
The assault on Amrik Singh deceased by Surjit Singh and Hazur Singh was witnessed by Avtar Singh P 8 and Pritam Singh PW 9 who was going to their houses at that time.
The fatal in jury, according to Dr. Miglani, companyld have been caused with a spear, while the remaining incised wounds companyld have been caused with kirpan.
When the two deceased persons came in front of the Patti Thakarawal gate, the six accused emerged out of that gate.
Amrik Singh and Jagdarshan Singh P.Ws.
During the companyrse of the above alternation, Hardial Singh accused abused Amrik Singh deceased.
The companytusion was on the back of the right forearm.
12 On appeal the High Court took the view that the evidence of Mohan Singh, Jagdarshan Singh and Amrik Singh PWs was reliable and companyvincing.
Maglani on performing post mortem examination on the body of Amrik Singh found seven incised wounds besides a linear barasion.
Jagdarshan Singh PW 6 and Amrik Singh PW 7 shouted to the accused number to cause further injuries to Surat Singh.
After having heard the learned Counsel for the parties, we find numberparticular reason to interfere with the appreciation of the evidence of these witnesses by the High Court, Mohan Singh, Jagdarshan Singh and Amrik Singh PWs.
The incised wounds were on the left side of the chest, the right temporal region the right side of the forehead, left fronto partial region, right shoulder, right forearm aspect of the right leg.
In any case, the evidence of Mohan Singh receives ample companyroboration from that of Jagdarshan Singh and Amrik Singh PWs.
The prosecution case is that a day before this occurrence at about 4 p.m. there took place an alteration between Amrik Singh and Surat Singh deceased on the one side, and Bishan Singh, Hazur Singh and Hardial Singh accused on the other on account of a deserted well which was situated near Patti Thakarwal gate of village samrai.
The incised were on the left fronto partial region, right partial oblique, right region, right lower arm and right elbow.
Surjit Singh appellants is the son of Nardial Singh appellant.
A suggestion which was put on behalf of the accused was that Mohan Singh PW was at his wall at the time of the occurrence and that on the learning about the occurrence, he came to the village after his son had already been removed to the hospital.
The accused and the two deceased persons belong to that village.
The High Court excluded from companysideration the evidence of Avtar Singh and Pritam Singh Pws regarding the assault on Amrik Singh at the house of Charan Singh but that fact, in the opinion of the High Court, did number make any material difference.
Bishan Singh and Gurdial Singh appellants are brothers.
On 28th May, 1969, after closing of the School, I had gone to a relative of mine in village Kotla near Shamchaurasi and returned from there on the following day.
The sub Inspector prepared inquest report relating to the dead body of Amrik Singh.
Sub Inspector Kartar Singh PW 19 then went to village samrai.
The plea of the other accused was denial simpliciter.
His evidence was produced in defence.
The evidence of Mohan Singh, Jagdarshan singh and Amrik Singh PWs with regard to the assault on the two deceased persons near Patti Thakarwal gate was found to be interested and number worthy of credonce.
Surat Singh died in the Jullundur hospital at 9.55 p.m. on May 28, 1969.
Khanna, J. The six appellants, Bishan Singh 43 , Gurdial Singh Alias Dalo 40 , Hardial Singh 65 , Surjit Singh 20 , Harbans Singh 44 and Hazur Singh 22 , were tried in the companyrt of learned Additional Sessions Judge Jullundur on various charges in companynection with an occurrence which resulted in the death of Amrik Singh 29 and Surat Singh 27 and were acquitted.
