M O/10 which was found lying at the entrance of the saw mill of Piara Singh PW 2 .
A 1 in the mean time came to the saw mil with naked kirpan alongwith A 2.
The door of the ahata was closed and despite knocking the said door by Sukhdial Singh PW 3 numberody responded.
What happened thereafter us narrated by Sukhdial Singh PW 3 .
of A 1.
P2 at about 9.00 p.m. The special report was then despatched to the Illaqa Magistrate at about 11.30 p.m. Hans Raj, ASI PW 5 accompanied by Piara Singh PW 2 and other police officials went to the spot.
A 1 raised lalkara that they would teach Jagir Singh a lesson for favouring Piara Singh while effecting the partition.
Both the accused care to be arrested.
Sukhdial Singh PW 3 went to the ahata of A 1 and knocked the door put numberody responded.
He stated that A 1 came to the saw mill with naked kirpan alongwith Sardara Singh A 2 and forcibly dragged Jagir Singh from the companypound of the saw mill to the ahata owned by A 1 He further stated that after taking Jagir Singh into ahata they closed the door.
Piara Singh PW 2 was examined to prove that on getting the information from Sukhdial Singh PW 3 about the incident, went to the police station and lodged the FIR Ex.
M O/4 which was then with A 2 was also seized.
Dano Ex.
Crime was then altered to one under Section 302 of the Indian Penal Code Hans Raj, ASI PW 5 companymenced the investigation.
Both the accused denied the charge and according to them, they have been falsely implicated in the present crime.
After companypleting the necessary investigation, both the accused were put up for trial and they came to be charge sheeted for of offences punishable under Sections 302/34 and 363 of the Indian Penal Code.
As regards the presence of Jagir Singh on 13th April 1984 in the evening at the saw mill, Piara Singh PW 2 as well as Sukhdial Singh PW 3 have stated that Jagir Singh had companye there and he was sitting until Piara Singh PW 2 left for his house at about 8.00 p.m. to bring his food.
Noticed the incident, requested A 1 and A 2, Sukhdial singh PW 3 went to the ahata of A 1 and knocked the door put numberody responded.
M O/5 of A 2 was seized since it was stained with blood.
THE 20TH DAY OF AUGUST, 1996 Present Honble Mr. Justice M.K.Mukherjee Honble Mr. Justice S.P.Kurdukar K.Bagga, Sr.
At that time Sukhdial Singh PW 3 was also present in the saw mill.
P3 at about 9.00 p.m. in the same evening.
Jagir Singh since deceased was related to them.
Both the witnesses further stated that the dead body of Jagir Singh was lying in that ahata.
The police party then numbericed the dead body of Jagir Singh which was lying in the ahata.
Realizing danger to the life of Jagir Singh forcibly to the ahata of A 1.
Dr. Jawahar Lal, medical officer, Civil Hospital, Moga, performed the autopsy on the dead body of Jagir Singh and numbered as many as twelve injuries out of which three were incised wounds and three were lacerated.
1 and 2 respectively were put up for trial before the Judge, Special Court, Ferozepur for offences punishable under Sections 302/34 and 363 of the Indian Penal Code.,
Realising danger to the life of Jagir Singh, Sukhdial singh PW 3 went to inform Piara Singh PW 2 about the incident.
There was a dispute between A 1 and Piara Singh RW 2 as regards the partition of the property.
Within an hour, the police party alongwith Piara Singh PW 2 reached the ahata of A 1 and they numbericed the dead body of Jagir Singh at that ahata and A 1 and A 2 were standing near the dead body.
In addition to the formal witnesses, the prosecution relied upon certain circumstances namely recovery of parna and dang from the person of A 2.
Seizure panchnama was then effected.
Dr. Jawahar Lal PW 1 has opined that the death was due to asphyxia as a result of strangulation and the injuries to the head.
A 2 was also standing by his side.
He intervened in the matter and effect a partition between A 1 and Piara Singh PW 2 .
Piara Singh PW 2 then went to the police station, Badhani Kalan and lodged the FIR 9 Ex.
He then went to inform Piara Singh PW 2 about this incident who PW 2 thereafter went to the police station and lodged FIR Ex.
A 1 felt that the said partition was totally inequitable and Jagir Singh had shown favour to Piara Singh PW 2 being related to him through his wife A 1 and Piara Singh PW 2 reside in village Badhini Kalan.
Suddenly A 1 and A 2 number to do so.
A 1 was then found looking his ahata and A 2 standing by the side.
A 1 at the relevant time was also having a shop adjacent to the saw mill and used to sell fuel wood.
M.Singh, Advs for R.S.Suri and K.C.Dua, Advs.
The appellants have filed this criminal appeal under Section 14 of the Terrorist Affected Areas Special Courts Act.
They pleaded that they are innocent and they be acquitted It is number and cannot be disputed that Jagir Singh met with a homicidal death.
The prosecution in order to bring home the guilt of both the accused principally relied upon the evidence of Sukhdial Singh PW 3 who witnessed a part of the incident, namely, that both A 1 and A 2 came to the saw mill of Piara Singh PW 2 and forcibly dragged Jagir Singh to the ahata of A 1.
V. State of Punjab J U D G M E N T P. KURDUKAR, J. The appellants accused number.
At about 8.00 p.m., Piara Singh PW 2 left his saw mill to bring food from his house.
In addition to that there was a ligature mark around the neck.
Sardara Singh A 2 was the employee.
Piara Singh PW 2 and Sukhdial Singh PW 3 have stated that when the police party came to the ahata of A 1, they saw A 1 was standing with the blood stained kirpan in his hand at that place.
with him for the appellants.
During the investigation, parna Ex.
Seeraj Bagga and Ms.Tanuj Bagga and Ms.Shureshtha Bagga, Advs.
They were tried by the Special Court, under the Terrorist Affected Areas Special Courts Act.
The learned Trial Judge after appraisal of the oral and documentary evidence on record vide his impugned judgment dated 20th February, 1985 found both the accused guilty of murder of Jagir Singh and companyvicted them for an offence punishable under Section 302 read with 34 of the Indian Penal Code.
Piara Singh PW 2 owned a saw mill Sukhdial Singh PW 3 used to work in the saw mill it is alleged by the prosecution that on April 13, 1984 in the evening, Jagir singh had companye to the saw mill of Pira Singh PW 2 .
P3 at about 9.00 p.m. After recording the First Information Report, Hans Raj ASI PW S accompanied by Piara Singh PW 2 and same police officials came to the ahata of A 1.
The prosecution case may be summarized as under Karam Singh A 1 is the father of Piara Singh PW 2 .
for the Respondent J U D G M E N T The following Judgment of the Court was delivered Karam Singh Anr.
It is this order of companyviction and sentence passed by learned Trial Judge which is the subject matter of challenge in this criminal appeal.
Prosecution also relied upon the seizure of turban of A 1 Ex.
