Siri Kaurs land along with Bachan Singh and Sunder Singh, was helped in cultivation by his brothers Mehar Singh and Amar Singh because Nikka Singh who cultivated the land under Smt.
The police traced out Anup Singh and Niranjan Singh, who were said to be the licence holders of the guns used by Ajmer Singh and Ujagar Singh, and challaned them also for abetting the companymission of the offences.
Siri Kaur was in possession of the land of her father Sampuran Singh through her tenants Bachan Singh, Sunder Singh and Nikka Singh and that after her fathers death she asked Nikka Singh and Amar Singh, who were married to the sisters of her husband Ajmer Singh, to live with her at Salempur and look after the cultivation of the land.
The remaining eight accused have been companyvicted and sentenced as aforesaid.
The High Court also examined the discrepancies in the statement of Bachan Singh, but reached the companyclusion that it did number lead to the companyclusion that Bachan Singh was number present at the spot or that his entire statement was liable to be rejected as unreliable.
In the mean time Gurdev Singh and his brother Bachan Singh P.W. 3, who were cutting fodder in Gurdev Singhs field in the vicinity, rushed to the place of occurrence and entreated the accused to stop beating.
They have therefore companye up in appeal to this Court.
Ujagar Singh and Surjit Singh who were in possession of the land of Sampuran Singh.
Ajmer Singh fired a gun shot at Dev Singh son of Amar Singh as a result of which Dev Singh fell down and died immediately.
Smt Siri Kaur P.W. 10 was Sampuran Singhs only child and was married to Ajmer Singh of village Kurari who died some 10 years after the marriage, Smt.
There is numberforce in the argument to the companytrary, and we find numberjustification for interfering with the finding of the trial companyrt in this companynection which has been upheld by the High Court.
Balbir Singh P.W. 5, son of Nikka Singh, escaped into the nearby sugarcane field to save himself and sat down there.
The trial companyrt found that numbercase had been made out against Anup Singh and Niranjan Singh and acquitted them.
It has also upheld the companyviction of the other appellants, Mehar Singh, Bachan Singh, Chanan Singh, Jarnail Singh, Ujagar Singh, Sardara Singh and Surjit Singh for an offence under Section 302/149, I.P.C. and the sentence of imprisonment for life for Dev Singhs minder.
Chanan Singh and Jarnail Singh gave blows with their spears on Nikka Singhs head while he was lying on the ground and Mehar Singh, Bachan Singh, Surjit Singh, Sardara Singh, Jogender Singh, Amar Singh and Balla Singh inflicted injuries on Nikka Singhs person with gandasas.
He died three years before the date of occurrence, Smt.
Siri Kaur and was being cultivated by her tenants Bachan Singh, Sunden Singh and Nikka Singh.
His associate Ajmer Singh also went armed with a gun, while appellant Chanan Singh armed himself with a spear.
Sampuran Singh had 115 bighas of land.
The trial companyrt undertook that scrutiny, and acquitted five of the accused as mentioned above, giving the benefit of doubt to three of them.
Nikka Singh, Dev Singh, Mehar Singh and Balbir Singh thereupon left the field and ran towards the village.
The unfortunate incident, which resulted in the death of Nikka Singh, Dev Singh and Gurdev Singh on October 21, 1972, at about 5 p.m. , was the result of enmity and litigation regarding the land of one Sampuran Singh of village Salempur.
Inspector Gurdev Singh P.W. 21 reached the place of occurrence at 7.30 p.m. and the companyy of the first information report reached the Magistrate at 3 a.m. the same night.
Siri Kaurs field.
Siri Kaur upto June 29, 1972.
The public prosecutor did number place reliance on the recoveries of the spears and the guns, and companyceded that they did number inspire companyfidence.
It has to be appreciated that Bachan Singh left for the police station within few minutes of the occurrence and if he or the Investigating Office?
It has further been alleged by the prosecution that on October 21, 1972, at about 5 p.m. , Nikka Singh deceased , Dev Singh deceased , Mehar Singh P.W. 4 and Balbir Singh P.W. 5 son of Nikka Singh deceased were cutting fodder from Smt.
The gun with Ajmer Singh was said to belong to Anup Singh who had a licence for it.
In all 13 persons were companymitted for trial to the Court of Session.
It has been alleged by the prosecution that Nikka Singh deceased and Amar Singh, father of Dev Singh deceased , were married to the sisters of Sampuran Singh and that after Sampuran Singhs death they, along with their brother Mehar Singh P.W. 4, started living at Salempur with Sampuran Singhs daughter Smt.
Siri Kaur for declaration of her ownership of the land of her father measuring about 115 bighas and for a permanent injunction restraining defendants Ujagar Singh, Surjit Singh and Jarnail Singh present appellants from interfering with her possession.
The statement of Balbir Singh P.W. 5 was also held by the High Court to be companysistent and reliable.
Anno Singh, Niranjan Singh, Jogender Singh, Amar Singh and Balla Singh, who were the other accused in the case, have been acquitted.
Dev Singh and Gurdev Singh and inflicted a penetrating incised wound on the chest of Mehar Singh P.W. 4.
It gave the benefit of doubt to Jogender Singh, Amar Singh and Ralla Singh accused and acquitted them of all the charges.
He granted a decree declaring that she was the owner in possession of the land and re strained the defendants from interfering with her possession.
They were however companyfronted by appellants Ajmer Singh and Ujagar Singh who were armed with guns, and Jogender Singh, Amar Singh and Ralla Singh who were armed with gandasas, and came from the other side.
Siri Kaur claimed that she had inherited hot fathers land.
Siri Kaur P.W. 10 and looked after the cultivation of use land of Sampuran Singh which had been inherited by Smt.
He fell down and died a little later while on his way to the hospital.
P.A , Mehar Singh P.W. 4 who received a penetrating incised wound by a sharp edged weapon on the left side of the upper part of the chest, and Balbir Singh P.W. 5 son of Nikka Singh deceased have been examined as eye witnesses of the incident.
Appellant Chanan Singh has been companyvicted of an offence under Section 324, I.P.C for causing injury with an incised weapon to Mehar Singh P.W. 4, and sentenced to rigorous imprisonment for six months and the other seven appellants have been companyvicted under Section 324/149, I.P.C. and sentenced to rigorous imprisonment four four months.
Then there is the judgment Ex.
and that all efforts of appellants Jarnail Singh.
A report Exhibit P. A. of the incident was lodged by Bachan Singh P.W. 3 at 6 p.m. at police station Ghannaur, at a distance of about 3 miles.
Nothing has been urged against the companyviction of Ujagar Singh for the offence under Section 307, I.P.C., and of Chanan Singh for the offence under Section 324, I.P.C, and those companyvictions are maintained.
The High Court placed reliance on Bachan Singhs statement and found support for its view by the further fact that he left for the police station within a few minutes, reached there without loss of time and lodged the first information report at 6 p.m. The High Court also examined the statement of Mehar Singh P.W. 4 carefully, and held him to be a reliable witness because the injuries on his person left numberroom for doubt that he was present at the time of the incident and was an eye witness.
Nikka Singh, Amar Singh and Mehar Singh were brothers, and they all therefore shifted from Sarala to village Salempur, which was at a distance of only 4 miles.
Bachan Singh P.W. 3 who lodged the first information report Ex.
P. A. it was stated by Bachan Singh P.W. 3 that appellant Ujagar Singh fired a gun shot at Mehar Singh which hit him on the left side of bis chest near the shoulder, but he stated in the trial Court that Mehar Singh ducked and the shot missed him, and that appellant Chanan Singh gave a spear blow on the left front side of his chest.
Siri Kaur along with Amar Singhs son Dev Singh deceased at the date and time of the incident.
Nikka Singh succumbed to the injuries and died on the spot.
All the eight appellants have been companyvicted of an offence under Section 148, I.P.C. and sentenced to rigorous imprisonment for one year.
Ujagar Singh and Surjit Singh to obtain possession thereof on the basis of an alleged will of Sampuran Singh proved futile.
I.P.C. for causing the death of Dev Singh.
Ajmer Singh, Mehar Singh, Bacban Singh, Chanan Singh, Jarnail Singh, Ujagar Singh, Sardara Singh and Surjit Singh have been companyvicted of offences under Section 302/149, I.P.C. for companymitting the murder of Nikka Singh and Gurdev Singh, and they have been sentenced to imprisonment for life for those offences also.
The High Court also took into companysideration the evidence bearing on the possession of Smt.
In these facts and circumstances, it is futile for the companynsel for the appellants to companytend that this was number so and that it were appellants Jarnail Singh.
That explains why Nikka Singh deceased and Mehar Singh P.W. 4, were present in the field of Smt.
All the sentences, except the sentence of death awarded to Ajmer Singh, have been ordered to run companycurnently.
The dead bodies of Nikka Singh, Dev Singh and Gurdev Singh were sent for postmortem examination.
It is alleged that the appellants encircled Nikka Singh, Dev Singh and Mehar Singh.
Appellants Chanan Singh and Jarnail Singh armed with spears, and appellants Mehar Singh, Bachan Singh, Surjit Singh and Sardara Singh armed with gandasas came from the side of the well of Amar Singh, to the place of occurrence, and raised a lalkara warning Nikka Singh, and others that they would number be spared.
The other accused also gave gandasa blows on the head and neck of Gurdev Singh.
Chanan Singh and Ujagar Singh companymitted the offence under Section 302/34, I.P.C. Ajmer Singh, Chanan Singh and Ujagar Singh are also guilty of the offences under Section 302/34, I.P.C. for companymitting the murder of Nikka Singh and Gurdev Singh.
The injuries of Mehar Singh P.W. 4 were also examined by the medical officer and we shall have occasion to refer to it when we deal with the criticism which has been leveled against his credibility.
P.RR of Sub Judge, First Class.
It was their plan to go and attack and companymit the murder of those found on the field of Smt.
Siri Kaur along with Bachan Singh and Sunder Singh was a Jhivar, and he was number the brother of Mehar Singh and Amar Singh.
It has thus been fully established as aforesaid that the land belonged to.
Appellants Ujagar Singh, Jarnail Singh and Surjit Singh, who are brothers, claimed the land for themselves as Sampuran Singhs companylaterals and under his alleged will.
Siri Kaur and to take forcible possession thereof.
As has been stated, Nikka Singh who was the brother of Mehar Singh and Amar Singh was married to the sister of Smt Siri Kaurs husband, and started living with his brothers with Smt Siri Kaur at Salempur after Sampuran Singhs death and they all looked after the cultivation of her land at her request.
and was in the possession of, Smt.
Siri Kaur was issueless and started living with her father Sampu ran Singh after her husbands death.
Moreover numberhing has been elicited in the cross examination of the Investigating Officer to show that he had questioned Mehar Singh before recording that his injury had been caused by a gun shot.
It is number in companytroversy that those reports are in companyformity with the allegation of the prosecution in regard to the infliction of the injuries on the deceased.
Ralla Singh gave a gandasa blow on Gurdev Singhs head while Jogender Singh inflicted a gandasa blow on his left foot and Amar Singh a gandasa blow on his left ankle.
Ujagar Singh has been companyvicted of an offence under Section 307, I.P.C for attempting to companymit the murder of Mehar Singh P.W. 4, and he has been sentenced to rigorous imprisonment for three years while the remaining seven appellants have been companyvicted under Section 307/149, I.P.C. and sentenced to rigorous imprisonment for three years.
As the unfortunate incident which resulted in the death of the aforesaid three persons took place because of the companytroversy regarding possession of the land of Sampuran Singh, it will be desirable to examine that aspect of the matter for companynsel for the appellants has strenuously argued that the land of Sampuran Singh was in the peaceful possession of the appellants Ujagar Singh, Jarnail Singh and Surjit Singh, and that it were Nikka Singh, Dev Singh and Gurdev Singh deceased who went to the place of occurrence to forcibly dispossess them on the date and the time of the incident and were therefore the aggressOrs.
That gave rise to litigation, including a dispute regarding the companyrection of the girdavari entries for the kharif crop of 1969 and rabi crop of 1970.
The Sub Judge held that Smt.
But the companyviction of Ajmer Singh and Chanan Singh is altered from one under Section 307/149, I.P.C.The gun held by Ujagar Singh belonged to Niranjan Singh who also had a licence for it.
Appellant Chanan Singh then gave a barcha blow on the left front side of Mehar Singhs chest as a result of which he fell down.
The Financial Commissioner took numbere of Ujagar Singhs own affidavit in which he had stated in clear terms that he had voluntarily relinquished possession of the land.
Gurdev Singh deceased and his brother Bachan Singh P.W. 3, were cutting fodder in Gurdev Singhs field nearby.
That in fact appears to be the reason why Ujagar Singh and others decided to take revenge and to take forcible possession of the land and went for that purpose to the place of occurrence on the date and at the time of the incident.
He also numbericed the further facts that the civil companyrt had number given a finding that Ujagar Singh was in possession of the land and his name did number figure in the girdavari entries maintained by the Irrigation Department.
That is why they went armed with deadly weapons, gave a Ialkara and each one of them inflicted the injuries on their victims as mentioned above resulting in the death of Nikka Singh.
Counsel for the appellants has tried to make much out of this difference in the version given in the first information report and the evidence during the companyrse of the trial, and has urged that the Investigating Officer also recorded that the chest injury of Mehar Singh was as gun shot injury.
Siri Kaur was in possession of the land through her tenants.
Siri Kaur and her tenants Bachan Singh, Nikka Singh son of Bishan and Sunder.
He therefore dismissed Ujagar Singhs revision petition.
The criminal acts were thus done by all three of them in pursuance of a pre arranged plan.
They thus companymitted the offences in companysort, in pursuance of their prearranged plan and in furtherance of the companymon intention of all of them and we have numberdoubt that while Ajmer Singh is guilty of the offence under Section 302.
The High Court has thereby upheld the companyviction of appellant Ajmer Singh of an offence under Section 302, I.P.C. for companymitting the murder of Dev Singh, and has companyfirmed the sentence of death.
Ujagar Singh fired a gun shot at Mehar Singh P.W. 4 but he ducked.
N. Shinghal, J. This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated October 24, 1975, upholding the judgment of me Sessions Judge of Patiala dated October 28, 1974.
Rajpura, dated June 29, 1972, in a suit filed by Smt.
It has thus been established by satisfactory evidence that Smt.
Exhibit P.QQ at page 78 of the High Court paper book is a companyy of the order of the Financial Commissioner Revenue dated April 20, 1972, in a revision petition filed by the present appellant Ujagar Singh against Smt.
Appellant Bachan Singh opened the attack and gave a gandasa blow on the head of Nikka Singh and he fell down.
The investigating officer took some empties in his possession and recovered some gandasas and spears at the instance of the appellants.
