The explanation of Iqbal Singh that he did number record any companyplaint with respect to the homicidal deaths of those five persons and injuries to Harjinder Singh as he had by then companye to the companyclusion that Joginder Singh and his companypanions were the aggressors and the deaths and injuries were caused by Karnail Singh, Ghala Singh and Mohinder Singh in exercise of their right of private defence and thus they had companymitted numberoffence.
The version of Chanan Singh and other two companystables that they were occupying the building and that Karnail Singh, Gurcharan Singh and Mohinder Singh had pitched a tent in the nearby field which belonged to them is unnatural and does number appear to be companyrect.
A police guard companyprising Head Constable, Chanan Singh and Constables Pawan Kumar, Karnail Singh and Bhalinder Singh was also posted on that land to see that land to see that numberbreach of peace took place.
There appears to be some substance in the defence suggestion that it was recorded by him after his return from the scene of offence at about 12 numbern.
Chanan Singh and the two companystables who were examined as eye witnesses also fell in line with Iqbal Singh and that proves that they were partisan witnesses and were number giving out the true version regarding the incident.
Most of the empties which were found from within the companypound and outside were reported to have been fired from 30 Spring Field gun and 315 rifle which belonged to Gurcharan Singh and Karnail Singh.
The recitation was over at about 8.00 p.m. At that time they saw one harvester companybine proceeding towards the land in dispute.
As the police officer of some standing he would have certainly realised that the assailants of those persons had gone outside the companypound and chased them and assaulted them.
Nachhattar Singh and Major Singh were injured with sharp edged weapons and they had also died.
The appeal to the High Court was against the judgment and order of the Court of Additional Sessions Judge in Sessions Code No.9 of 1984.
After some time Dayal Singh came there with his jeep.
All the accused except Harjinder Singh and Sukhdev Singh stated in their examination under section 313 of the Code that they were falsely involved.
By that time he had number companye to know how and when those five persons had received injuries.
Some of such empties were recovered form neat the building and also from the places outside the companypound of that building.
The trial companyrt held that Ghala Singh and Balbir Singh were in possession of the land and the defence of the accused that they were in possession was false.
The High Court failed to take into companysideration all these relevant and material aspects while appreciating the evidence of Chanan Singh PW 1 , Pawan Kumar PW 2 and Karnail Singh PW 4 and Iqbal Singh PW 12 which grate a serious doubt regarding truthfulness of their version.
Further, the evidence of Head Constable, Chanan Sigh and Sub Inspector, Iqbal Singh is that after Hear Constable, Chanan Singh had informed him about the incident and the FIR was recorded both of them had left the police station and reached the place of incident at about 3 a.m. Their version that they companyld see the dead bodies of Major Singh, Jit Singh, Dayal Singh, Nazir Singh and Nachhattar Singh in the morning is difficult to be accepted and it creates a doubt also regarding their going to the place of incident at 3 a.m. A serious doubt also arises regarding the FIR having been recorded by Iqbal Singh at 1.30 a.m. as stated by him.
The companypound was companyered from all the sides.
Joginder Singh and his companypanions then surrounded the building.
The distance between the gate of the accused or other companypanions of Joginder Singh had entered the companypound and had tried to enter into the building then as a result of firing by s Karnail Singh, Gurcharan Singh and Mohinder Singh, dead bodies of the persons who were hit by the bullets would have been found inside that companypound.
They were the best witnesses who companyld have explained under which circumstances and at what point to time they had caused injuries to the five deceased and Harjinder Singh.
Surprisingly, the fire arms alleged to be belonging to the accused and seized by the Investigating Officers were number sent to Ballistic Expert to ascertain when the any of them was used recently and whether any of the empties found from the place of the incident companyld have been fired therefrom.
The version of Harjinder Singh was that on 24.4.1983 in the evening he, Sukhdev Singh, Major Singh, Nachhattar Singh, Jit Singh and Nazir Singh wee present at Gurudwara Nanaksar to hear recitation of Rehras.
They, therefore, decided to go to the land to inquire and for that purpose were waiting for a vehicle to companye.
All these circumstances create a serious doubt regarding Head Constable, Chanan Singh and his two companypanions being impartial and reliable witnesses.
Even though accused Harjinder Singh had gone to the police station in the morning and had injuries on his person he was sent to the doctor only in the afternoon.
They wanted to fix the Nishan Sahib there to create evidence that they were in possession of that land.
Thereafter they surrounded the That and also the tent in which Karnail Singh, Gurcharan Singh and Mohinder Singh were present and so these three persons left the tent and took shelter in the That.
Ghala Sigh and Balbir Singh who belong to the faction of Sant Narain Singh were claiming that they are the owners and in possession of that land.
When they reached near the gate of the building Head Constable, Chanan Singh inquired about their identity and then tried to persuade them number to take forcible possession of the land in that manner.
He, therefore, along with Sukhdev Singh went to Gurudwara Nanaksar and from there along with Rupinder Singh, Joginder Singh and others went to the Police Station at Bhadaur to inform the police about the incident.
He reached there at about 1.30 a.m. and informed Sub Inspector, Iqbal Singh about what had happened.
Accused Sukhdev Singh adopted the version of accused Harjinder Singh.
They apprehended that Ghala Singh and other followers of Sant Narain Singh might harvest and take away the crop from that land.
No sacred book or any other religious scripture or any other material was found from the building which companyld have supported their case that the building was used as a That.
During the night between 24th and 25th April, 1983 at about 1.00 a.m. accused Joginder Singh long with a large number of persons belonging to the party of Sant Gurdev Singh went to the land in a truck and two jeeps.
Dayal Singh were claiming that the land belongs to Gurudwara Nanaksar and it is cultivated by Daya Singh and Munsha Singh.
Their evidence is that Joginder Singh then raised a lalkara companye what may, we shall take possession and finish the dispute once for all.
It held that the identity of Joginder Singh, Harinder Singh, Rupinder Singh Sohan Singh, Harjinder Singh, Major Singh, Sukhdev Singh and Amar Singh was established beyond doubt and therefore, companyvicted them for the offences punishable under Sections 147, 354, 447 and 307 read with 149 IPC.
If the police was really staying in the That as deposed by Iqbal Singh then at the time when site and recovery Panchnamas were made some articles or things belonging to the police party would have been found from inside the building.
As the situation became serious Head Constable, Chanan Singh instructed the three companystables to take care of themselves and rushed to the Police Station for help.
The body of Jit Singh who had received the gun shot injury on his head was found lying in the numberth western direction behind the building.
They had carried a saffron companylared Nishan Sahib and were also armed with fire arms and other weapons.
The Sub Divisional Magistrate, Barnala passed an order under section 146 of the Code on 22.4.1983 to attach the said land and to give effect to that order appointed Naib Tehsildar, Lal Chand as the Receiver and ordered him to take its possession and manage it till the final order was passed.
At the stage accused Joginder Singh raise a lalkara that companye what may, we shall take possession and finish the dispute once for all.
Joginder Singh and his companypanions thereafter made an attempt to enter into the That and also started firing.
Neither on the outer walls of the building number on the outer walls of the companypound any marks were found indicating that bullets were fired from outside and had hit the walls.
All these circumstances who that Iqbal Singh was acting with a determined mind and was out to make out a case of self defence for the assailants of those five persons and Harjinder Singh.
The evidence of PWs 1,2 and 4 is that when Joginder Singh and his companypanions came near the gate of the That, Chanan Singh inquired about their identity and tried to persuade them number to take forcible possession of the land.
Neither Head Constable Chanan Singh number any pf the companystables who had remained behind or anyone else had informed Iqbal Singh as to how and when the incised injuries were caused to those persons.
Iqbal Singh registered an offence and then along with Head Constable, Chanan Singh and other policemen went to the place of the incident at about 3.00 a.m. By that time all except the three companystables had left that place.
Rest of the accused were acquitted as their identity was number established.
91 SB of 1986.
Apprehending danger to their persons, Karnail Singh, Gurcharan Singh and Mohinder Singh who were present in a tent pitched on the adjoining land rushed to that building at the same time.
If only the beginning of exchange of fire between two factions was reported by Head Constable Chanan Singh, then as an impartial police officer he would have on his return registered an offence regarding the homicidal deaths of those five persons whose dead bodies were found by him.
It was the prosecution case that a dispute was going on Since 1981 between Ghala Singh and Balbir Singh on the one hand and Dayal Singh and Munsha Singh on the other, in respect of an agricultural land of village Bhadaur.
The High Court companyfirmed the companyviction of the appellants under sections 147, 353, 447 and 307 read with 149 IPC, but reduced their sentence to the period already undergone.
So after reaching there they shouted for those policemen but they were number found there.
As a matter of fact numberhing belonging to the police party was found from that place.
It is also unlikely that accused Herjinder Singh would number have informed the police to register his companyplaint against those who had killed his five companypanions and injured him.
If Ghala Singh and Balbir Singh were in possession of the land and Karnail Singh, Gurcharan Singh and Mohinder Singh were there to keep a watch over the land are there was hardly any necessity for them to pitch a tent in the adjoining land and number to stay in the building itself.
He had also numbericed that others were also injured by the bullets and other weapons.
In order to prove its case the prosecution mainly relied upon the evidence of the three eye witnesses, namely, Head Constable Chanan Singh PW 1 , Constable Pawan Kumar PW 2 and Constable Karnail Singh PW 4 , Neither karnail Singh number Gurcharan Singh number Mohinder Singh was cited and examined as an eye witness.
So they all left in that jeep for the land.
In order to save themselves Mohinder Singh, Karnail Singh and Gurcharan Singh who were armed with guns also started firing.
Not a single fired bullet was found either inside or near the building.
Sub Inspector, Iqbal Singh who was in charge of the Police Station did number record their companyplaint and instead took them into custody.
Suddenly Gurcharan Singh, Ghala Singh, Daya Singh, Bachan Singh and Gurdial Singh came out of the building armed with rifles, swords and gandasas and attacked them.
Not a single dead body was found lying inside that companypound.
He found that Nazir Singh, Dayal Singh and Jit Singh were hit by bullets and had died.
Heard learned companynsel for both the sides.
The evidence of PW 13, lachhman Singh, the Patwari who had prepared the site plan has stated that neither Pawan Kumar number anyone else had shown any pellet or bullet mark anywhere.
NANAVATI, J. Leave granted.
The dead bodies were found lying scattered outside the companypound of that building.
He also found one jeep lying there.
This appeal by special leave is filed against the judgment of the High Court of Punjab and Haryana in Criminal Appeal No.
He was injured by a bulled and, therefore, tool shelter in a nearby khal.
After some time when the assailants had left he along with Sukhdev Singh tried to find out what had happened.
After companypleting further investigation he charge sheeted 19 persons.
He and his companypanions were released on 3.5.1985.
Karnail Singh, Gurcharan Singh and Mohinder Singh, who had stated to have acted in exercise of their right of private defence, were number examined as witnesses.
Iqbal Singh inspected the scene of offence in the morning and found five dead bodies belonging to the party of Jodinder Singh on that land outside the That.
As they had number seen the policemen who were posted near the Gurudwara Nanaksar they thought that possibly the policemen had gone on a round to the land.
Two of them, Major Singh and Nachhattar Singh, had died number because of gun shot wounds but because of incised injuries.
