and Sainsi Singh came to be arrested Niranjan Singh appellant despite police efforts was number available and ultimately he came to be arrested on 21.1,1981, in the Court compound at Sunam.
It is alleged by the prosecution that the bedding and the company on which Harnek Singh was removed, were then amount by the approver and the accused persons other then Amrik Singh and NiranJan Singh.
Reverting back to the evidence of Gurjant Singh P.W.3 the approver, on the issue of companyspiracy to eliminate Harnek Singh deceased the approver has stated that all the accused were to meet at the house of Amrik Singh accused where he was to bring Harnek Singh for dinner, The evidence of the approver further shows that Amrik Singh and deceased Harnek Singh went to Niranjan Singh P.W.12 to deliver the Bhog ceremony card, Niranjan Singh P.W.12 then stated that at the request of Amrik Singh he gave his motor cycle to him on which both of them went away.
According to the evidence of Gurjant Singh P.W. 3 the approver, the accused Amrik Singh insisted upon Harnek singh deceased to have the dinner at his place and stay during that night, It is further the evidence of the approver that Harnek Singh deceased agreed to the said suggestion.
After companypleting the investigation the accused were put up for trial.
690 DBA of 1982 challenging the order of acquittal in respect of two other acquitted accused.
At that stage numberfoul play was suspected by Sukhwant Singh and others and, Therefore, the case was treated to be one of railway accident .
The companyvicted accused preferred Criminal Appeal No.531 DB of 1982 to the High Court of Punjab Haryana against the order of companyviction and sentence passed by the Sessions Judge, Sangrur.
The tractor in which Harnek Singh was carried to the railway crossing belonged to Amrik Singh.
By that time it was already decided that there would be a wet dinner party at the house of Amrik Singh.
1, Amrik Singh, Bawa Singh and Niranjan Singh, the appellant before us, for offences punishable under Sections 120 B, 302/34 and 201 IPC and sentenced each one of them on all these three companynts for various terms of imprisonments including life imprisonment.
The Sessions Judge, Sangrur vide judgment and order dated July 31, 1982, companyvicted accused No.
The appellant alone has filed this appeal in this Court challenging the legality and companyrectness of the order of companyviction and sentence passed by the companyrt below.
The learned trial Judge, however, acquitted the accused No.4, Gobind Singh and accused No.5, Sainsi Singh.
The dead body was sent for postmortem examination.
The Bhog ceremony to mourn the death of mother of one Harnek Singh, the Jathedar gave an opportunity to work out the said companyspiracy, The said Bhog ceremony was to be performed at village Balran.
Assistant Station Master then sent a message to G.R.P. Sangrur and the Chief Controller, Ferozepur about the dead body.
17 about there being a dead body lying in the track.
While Harnek Singh was asleep, it is alleged by the prosecution that Amrik Singh, Niranjan Singh appellant and the approver caused various injuries on the person of Harnek Singh and thereafter as planned earlier by Niranjan Singh the appellant Harnek Singh was taken on a tractor trolley to the railway crossing at the village Chotian.
Ranjit Singh agreed for the said help and the tractor and trolley were tow chained to the house of Gandur Singh.
The State of Punjab also filed Criminal Appeal No.
C.H.O 5023, Both of them thus left the house of Niranjan Singh P.W.12 on the motor cycle and came to the house of Amrik Singh.
On the same evening Niranjan Singh, the appellant and Amrik Singh came to the village Chotian and removed the tractor trolley.
The investigation was entrusted to Inspector Tek Chand.
As stated earlier Harnek Singh deceased was crushed to death during the night intervening between 7th 8th December, 1980.
The entire prosecution case rests on the evidence of Gurjant Singh P.W.3 who is an approver to the actual assault on Harnek Singh since deceased .
It is the case of the prosecution that Amrik Singh received an information that his office as a Sarpanch is in danger because of Harnek singh .
It is this suspicion which provided motive to the accused persons to hatch a companyspiracy to companymit the murder of Harnek Singh.
On December 8, 1980 Jagiru Ram, Assistant Station Master, Jakhal received an information from Ram Sarup, key man of Gang No.
Dr. K.C. Goel had numbericed as many as 7 injuries on the dead body of Harnek Singh out of which six were lacerated wounds, Dr. K.C. Goel opined that all these injuries were antemortem and death was due to shock and haemorrhage, due to injuries.
Head companystable, Bachan Singh W.18 visited the place of incident and brought the dead body and the pieces of motor cycle to the police station.
On the next morning Gandur Singh numbericed blood on the tractor trolley and had asked RanJit Singh to get the same removed immediately.
Amrik Singh then asked Harnek to stay with him for a night and have a dinner, In meantime other accused persons including Gurjant Singh P.W.3 The approver also Joined the said wet party.
Amrik Singh was then elected Sarpanch of village Panchayat.
Amrik Singh, the accused then requested Harnek Singh deceased to join him in distributing the cards of the said Bhog ceremony to various invites.
The necessary investigation then companymenced.
At that time it is alleged by the prosecution that Gurjant Singh P.W.3 the approver and Bawa Singh were present and they companyfirmed the fact of murder of Harnek Singh.
Amrik Singh thereafter companytacted Ranjit Singh P.W.5 for arranging another tractor so as to tow chain his tractor.
All these persons companysumed the liquor and had their meals at the house of Amrik Singh.
It is alleged by the prosecution that the accused persons were waiting for an opportunity to put their companyspiracy into action.
Both these appeals were heard together and the High Court vide its Judgment and order dated January 7, 1983 dismissed both the appeals.
On the following day Amrik Singh and Niranjan Singh the appellant went to the said village and after knowing the suspicion entertained by Gandoor Singh P.W.4 and Ranjit Singh W.5 as regards the foul play since the blood was found on the trolley, Amrik Singh and Niranjan Singh accused brought the said tractor to their village.
Harnek Singh deceased and the motor cycle was placed on the railway track whereupon a train crushed Harnek Singh to death.
The duration between the injuries and death was immediate and duration between the death and the postmortem was 24 to 72 hrs.
These injuries were sufficient to cause death in the ordinary companyrse of nature.
The prosecution has also relied upon the evidence of other witnesses to prove several other incriminating circumstances to prove the guilt of the accused the.
This popularity of Harnek Singh, was a matter of companycern to the rival group headed by Amrik Singh, the original accused No.1 and Niranjan Singh, the appellant before us.
The evidence of Gandoor Singh P.W.4 and Ranjit Singh P.W.5 companyroborates the evidence of Gurjant Singh, the approver on this issue.
He was also said to be popular in the village and was becoming more and more popular leader in the political field.
As stated earlier accused Gurjant Singh P.W.3 was granted pardon and he was examined by the prosecution as P.W.3.
It is alleged by the prosecution that Amrik Singh made an extra judicial companyfession about the companymission of offence by him and his companyaccused to Ex Chairman of Ladal.
In the previous Panchayat election Harnek Singh got elected to the Panchayat whereas Niranjan Singh was defeated.
On 9.12.1980 the dead body was identified by Shri Sukhwant Singh, Shri Balwant Singh and Shri Ajmer Singh, Advocates.
prosecution story as disclosed at the trial is as under Harnek Singh since deceased was said to be an Akali worker and a Member of village Panchayat.
It is then alleged by the prosecution that on 16.12.1980 Shri P.C. Verma P.W.20 20 D.S.P. D received an information from a reliable source and on that basis an I.R. EX.PO was recorded wherein the accused were named as persons who had companymitted the murder of Harnek Singh.
He held some status in his political party.
Harnek Singh obviously was number aware of this companyspiracy.
Dr. K.C Goel P.W.1 the Medical officer carried out postmortem, examination on the dead body cf Harnek Singh.
This companyspiracy, according to the prosecution, was hatched by Amrik Singh, Niranjan Singh, Bawa Singh, Sainsi Singh and Gurjant Singh, the approver.
During interrogation Amrik Singh made certain disclosure statements which led to the recovery of certain incriminating articles including turban and shoes of deceased Harnek Singh which were identified by Jaswant, widow of Harnek Singh On 22.12.1980 Gobind Singh.
The said Niranjan Singh then produced these three persons before Inspector Tek Chand and they came to be arrested.
It is the case of the prosecution that Amrik Singh and Harnek Singh deceased went to Niranjan Singh P.W.12 Sarpanch of Bhutal Kalan and delivered a card of Bhog ceremony to him on 7.12.1980 and borrowed his Motor cycle No.
3 challenging the legality and companyrectness of the judgment and order of companyviction dated January 7, 1983 passed by Punjab Haryana High Court at Chandigarh.
P. KURDUKAR, J. This Criminal Appeal is preferred by Niranjan Singh s o Bhan Singh, the accused No.
To this extent this part of the story deposed to by Gurjant Singh P.W.3 the approver can be accepted as it finds companyroboration from the evidence of Niranjan Singh P.W.12 .
What happened the thereafter at the house of Amrik Singh accused lacks companyroboration to the evidence of Gurjant Singh P.W.3 the approver.
They all had liquor and dinner thereafter.
The High Court in its impugned judgment has referred to several circumstances relating to the murder of Harnek Singh that are deposed to by Gurjant Singh P.W.3 the approver and for which the High Court sought companyroboration from other evidence of independent and disinterested witnesses examined by the prosecution, After going through the judgment of the High Court and the record of the case we are of the opinion that an important circumstance, namely, the fact of actual assault on Harnek Singh deceased by the accused although deposed to by Gurjant Singh P.W.3 t the approver remained uncorroborated in material particulars.
