There he joined the three other appellants who were present there.
Three of them are brothers, namely, Sohan Singh, Mohan Singh and Bachittar Singh all residents of village Dholewal.
This was.
With regard to the motive part of the prosecution case the High Court observed as follows Taking up the motive part of the prosecution case first, we find it to have been fully established by the testimony of Bhag Singh P.W. 5 and Sham Kaur P.W. 7 , neither of whom was seriously sought to be companytradicted in regard thereto during cross examination.
The relationship between Labh Singh appellant and his brothers Dalip Singh on the one hand, and their brothers Ghuman and Sohana on the other, was strained.
or some of them, had been fired?
Mohan Singh and Labh Singh were given life and other sentences.
The stand of the five accused persons was one of denial.
The F, I. R. was recorded at the Police Station, Sadar Ludhiana, at 3 15 A.M. At first a search for the accused was unsuccessful Later in the day the Sub Inspector was able to arrest Karnail Singh appellant and Bachittar Singh.
About midnight Bachittar Singh and Sohan Singh accused came to the house of Piara Singh and asked him from outside to companye down to them.
586 of 1970 by the three other companyvicts.
In companysequence five persons were jointly tried by the Sessions Judge, Ludhiana, Shri M. L. Verma, for offences under Sections 302, 307, 326 and 324 read with Section 149 and under Sections 147 and 148 of the Indian Penal Code.
560 of 1970 by Karnail Singh companyvict and Criminal Appeal No.
Sadhu Singh was taken to the Civil Hospital and Bhag Singh proceeded to the Police Station.
This led to the companyvening of a Panchayat on the morning of August 1, 1969 when it was decided that Sohan Singh appellant would turn out Labh Singh appellant and his brother Dalip Singh from his house, and Gulwant Singh deceased would expel Ghuman and Sohana from his house and that Shrimati Gurdevo, who was in a family way, would companytinue to stay with Gulwant Singh deceased till her companyfinement was over.
He related the story about Gurdevo and the Panchayat decision.
In the meantime Gulwant Singh deceased, Bhag Singh P.W. 5 and Shrimati Sham Kaur P.W. 7 descended from the roof of the baithak.
The fourth is Karnail Singh alias Faqiria another resident of that village who is stated to be a pagwat brother of Sohan Singh and the fifth is Labh Singh, a resident of village Chak Sarai whose sister is the wife of Sohan Singh.
Ghuman and Sohana also disapproved of the relations between Labh Singh appellant and Shrimati Gurdevo, and on July 31, 1969 came to the house of Gulwant Singh In Dholewal.
Then Labh Singh appellant moved a little and gave with a gandasa two blows to Piara Singh deceased and one to Sadhu Singh P.W. 3 .
All the accused then went away firing shots at random.
Labh Singh appellant is the wifes brother of Sohan Singh appellant.
She was married to P.W. 3 Sadhu Singh son in law of P. W.7 .
Gulwant Singh was stated to have sustained 60 gunshot wounds.
The prosecution case was shortly as follows Gulwant Singh and Kara Singh both residents of village Dholewal, were the joint owners of a truck.
He parked the vehicle in a workshop and then reached the house of Piara Singh deceased at about 8 A.M. He rested there during the day and then left for Ludhiana in the companypany of Piara Singh with a view to have repairs done so that the truck companyld be taken to Calcutta the next day.
The autopsy on the two dead bodies was carried out on August 2, 1969.
Before the Sessions Judge, Bachittar Singh was given the benefit of doubt and acquitted and the four companyaccused were companyvicted and sentenced as follows Karnail Singh and Sohan Singh were sentenced to death.
Labh Singh appellant and his brother Dalip Singh also came to Dholewal and stayed in the house of Sohan Singh appellant.
She was married to appellant Sohan Singh.
At the trial Bachittar Singh was given the benefit of doubt as a matter of abundant caution and number because eye witnesses have told Has.
Piara Singh descended from the roof and Bachittar Singh asked him to accompany him to the village gate as he had some business with him.
He unloaded the truck at Ludhiana.
They included three eye witnesses, namely, Sadhu Singh P.W. 3 , Bhag Singh P.W. 5 and Sham Kaur P.W. 7 .
Sohan Singh appellant reached a spot where there was a village platform.
When Piara Singh reached a place near the platform Labh Singh shouted to his companyappellants to shoot.
Sadhu Singh, Piara Singhs sisters husband was employed by them as the truck driver.
TABLE I Meghar Singh Gulwant Singh Bhag Singh Sham Kaur Deceased I P.W. 5 P.W. 7 Plara Singh son Daughter name number brought Deceased II on record .
Karnail Singh appellant who was carrying a .12 bore gun fired a shot and Piara Singh fell wounded on the ground.
On the same day Sadhu Singh returned from Calcutta with his truck.
The relationship between the accused and the deceased and the P. Ws.
Gulwant Singh deceased honoured the verdict of the Panchayat and sent away Ghuman and Sohana but Sohan Singh appellant did hot companyply with the decision of the Panchayat.
With regard to the Sessions Courts findings regarding the eye witnesses the High Court said that Light from the moon as well as from the electric lamps lying installed in the vicinity of the place of occurrence was held sufficient for a proper identification of the culprits by the three eye witnesses.
The marriage of Shrimati Gurdevo with Dalip Singh was arranged by Gulwant Singh deceased.
would appear from three tables which were given to us during the hearing.
At the trial fifteen witnesses were examined.
And secondly what was the distance from which the shots.
Against the judgment of the learned Sessions Judge, two appeals were filed being Criminal Appeal No.
Sohan Singh and Mohan Singh appellants took out two .12 bore companyntry made pistols from under the chadars and with the pistols fired a shaft each at Gulwant Singh deceased and Sadhu Singh respectively, both of whom were wounded.
TABLE II Natha Singh Bashittar Singh Sohan Singh Mohan Singh Acquitted 1 Appellant Appellant 2 brother in law of appellant Labh Singh TABLE III Sarwan Singh Ohumen Singh Sohna Singh Dalip Singh Labh Singh Daughter Name number Appellant brought on record.
Bhag Singh P.W. 5 and Shrimati Sham Kaur P.W. 7 found Gulwant Singh and Piara Singh dead and Sadhu Singh injured.
At about 4 or 5 P.M. he made over Rs.
700/ to Piara Singh deceased, to whose house, and in whose companypany he returned at about 11 P.M. The two persons, Piara Singh deceased and Sadhu Singh, accompanied by Gulwant Singh deceased went up to the roof of the baithak of the house and started settling the accounts relating to the trip to Calcutta and back, in the presence of Bhag Singh P.W. 5 and Shrimati Sham Kaur P.W. 7 .
Their respective versions were substantially the same and were accepted by both the Courts.
Ralla Singh took her to the house of Gulwant Singh deceased and left her there.
He is said to be a friend of appellant Sohan Singh.
The fact that appellants absconded was companysidered as the circumstance indicative of the guilty companyscience.
By then Kartar Singh P.W. 4 had also arrived.
Bhag Singh gave evidence on the motive part.
On the dead body of Piara Singh were found 40 gunshot wounds and 2 incised wounds.
or to the accused.
NOTE II Appellant Labh Singh is the son of Gulwant Singhs Deceased 1 wifes sister.
Dalip Singhs wife Gurdev Kaur was residing, at the time of the incident on August 1, 1969, with the deceased Gulwant Singh Deceased No I NOTE I Appellant Karnail Singh is number related either to the family of the deceased or the P. Ws.
Dalip Singh began to reside separately from his brothers, and Labh Singh, who was unmarried, developed illicit Intimacy with Shrimati Gurdevo, to the displeasure of her father Ralla Singh.
He took into possession a double barrel gun which Karnail Singh appellant was carrying at the time.
Two persons, namely, Gulwant Singh and his sisters son Piara Singh, both residents of the same village, were shot to death at the spot while Sadhu Singh P.W. 3 a resident of Kot Sekhon received gunshot wounds.
Against the four appellants the charge was fully established.
C. Roy, J. This is an appeal by way of special leave from the Judgment and order dated September 16, 1970, of the Punjab and Haryana High Court at Chandigarh.
because Gulwant Singh was a companymon relation of both of them.
He used to pay visits to the latter and during those visits used to stay with Sohan Singh and his brothers, namely, Mohan Singh appellant and the said Bachittar Singh.
They were also given sentences for imprisonment for various periods.
Mohan Singh and Sohan Singh appellants surrendered in the Court of the Magistrate on August 5, 1969, while Labh Singh was arrested on August 6, 1969, when a companyntry made pistol was recovered.
