He fell on the barseen fodder lying in the trolley.
A roula was raised whereupon all the accused persons fled away with their weapons.
The prosecution had put in the challan before the Judge, Special Court Firozepur on 14.8.1985 for trial of six accused respondents herein on the following allegations Baldev Singh since deceased was the younger brother of Hardev Singh P.W. 2 and Jaswant Singh P.W. 1 .
SI Puran Singh then went to the hospital at Mamdot but for want of light he companyld hold the inquest on the dead bodies.
The evidence of both these witnesses in our companysidered view unmistakably proves that the respondents accused who were the members of the unlawful assembly having a companymon object to cause the murders of Harbhajan Singh and Baldev Singh did cause such bodily injuries to them as a result thereof they met with homicidal deaths.
Baldev Singh stopped the tractor and tried to escape from the back side of the trolley but in the meantime Sohan Singh A 5 gave a kirpan blow chopping off his right arm.
The prosecution in support of its case examined as many as 13 witnesses of whom two are witnesses of facts besides the formal witnesses.
the Consulting Scientist Forensic Science Laboratory, Chandigarh.
The three injured persons were then taken to the hospital in a trolley.
Harbhej Singh A 1 and Sohan Singh A 5 are companysins.
PKK and PLL respectively.
He then returned back to civil hospital at Mamdot and held inquest viz.
The evidence of both these witnesses find companyroboration from the fact that the blood stained earth seized from the first site of occurrence companytained the human blood.
The trolley tractor was also stained with human blood.
These two Criminal Appeals on obtaining Special Leave have been filed by the appellants challenging the legality and companyrectness of the judgment and order of acquittal dated January 28, 1988 passed by the Punjab and Haryana High Court at Chandigarh.
Hardev Singh P. W.2 then went to the Police Station, Mamdot and lodged a report, Ex PK at 10.50 p.m. on the basis of which a formal FIR Ex PK/1 was recorded.
No motive was alleged against them and, therefore, their false implication cannot be ruled out.
The four companyvicted accused A 1 , A 3 , A 4 and A 5 aggrieved by the judgment and order of companyviction preferred a Criminal Appeal No.
Harbhej Singh A 1 raised an alarm whereupon Amrik Singh A 3 climbed upon the trolley and chopped off his leg with a gandasa whereas Gurmej Singh A 4 gave two three blows with a gandasa on his left arm.
A rough site plan Ex.
He thereafter went to the house of Chanan Singh and during the investigation companylected blood stained earth from the place of occurrence vide Ex.
He then recorded the statements of various persons.
The defence also examined Dr. H.L. Bhami, D.W. 1.
The defence of the accused is that of total denial.
In the meantime Harbhej Singh A 1 fired a shot from his gun hitting on the right dorsal and the pitarm of Harbhajan Singh causing a bleeding injury upon which he fell down.
The accused then made the disclosure statements under Section 27 of the Evidence Act which led to the recovery of certain incriminating articles.
P5/l 2 was also taken into possession therefrom vide memo Ex.
All these articles were taken into possession vide Ex.
P. 11 along with five cartridges Ex.
It is alleged by the prosecution that Hardev Singh P.W.2 was doing some companystruction work at his house.
558 of 1988 is filed by Suba Singh, the son of Harbhajan Singh since deceased in this Court.
The injuries caused by both these accused companyld have been caused to them by other companyaccused.
1,000 in default of payment of fine to undergo further rigorous imprisonment for these months on second companynt for causing murders of Harbhajan Singh and Baldev Singh and rigorous imprisonment for one year for causing injuries to Suba Singh on the third companynt.
The two injured persons, namely, Harbhajan Singh and Baldev Singh while being carried to the hospital, succumbed to their injuries.
P.JJ and a gandasa Ex.
On 23rd May, 1985 at about 7.30 p.m. when he was sitting in his house alongwith Jaswant Singh and their father Chanan Singh, Harbhajan Singh since deceased and Suba Singh P.W. 3 came to his house with a view to help him in the companystruction work.
A 1 was further charged for an offence punishable under Section 27 of the Arms Act.
Harbhej Singh A 1 was armed with a. 12 bore double barrel gun, Gurbhej Singh A 2 with a Gandhali, Sohan Singh A 5 with a Kirpan, and Amrik Singh A 3 , Gurmej Singh A 4 and Mohan Singh A 6 were carrying Gandasas with them.
He then went to Ferozepur hospital but there he was told by the doctor that Suba Singh P.W. 3 was unfit to make any statement.
At that point of time Baldev Singh was companyning back after taking fodder in the tractor trolley.
On reaching the hospital at Mamdot, the doctor on seeing the serious companydition of Suba Singh P.W. 3 advised that he be taken to the hospital at Ferozpur for medical treatment.
Harbhej Singh A 1 was companyvicted under Section 27 of the Arms Act and was sentenced to suffer rigorous imprisonment for one year.
The special report was sent to Illaqa Magistrate at about 1.30 a.m. on 24.5.1985.
The seized articles were then sent to Chemical Examiner, Serologist and Director, Chandigarh for examination and reports.
Apprehending danger to the life of Baldev Singh, Hardev Singh P.W. 2 and Jaswant Singh hurriedly went in the direction where Baldev Singh had gone to take fodder, to inform him about the first incident and also to caution him.
Immediately all these accused persons started assaulting Suba Singh P.W. 3 on his chest.
P.12 to 16 a licence Ex.
558 of 1988 is the son of Harbhajan Singh since deceased , whereas criminal Appeal No.
At that time all the accused persons armed with deadly weapons reached the house of Hardev Singh P.W. 2 .
Suba Singh, the appellant in Criminal Appeal No.
Both the criminal appeals were heard together by the Division Bench of the High Court and the learned Division Bench by its judgment and order dated January 28, 1988 allowed Criminal Appeal No.553 DB/86 filed by the four companyvicts and set aside the judgment and order of companyviction and acquitted them all.
The appeal filed by the State of Punjab came to be dismissed companyfirming the order or acquittal.
Appellant Hardev Singh, the brother of Baldev Singh since deceased on obtaining Special Leave has filed Criminal Appeal No.557 of 1988 whereas Criminal Appeal No.
Due to murderous assault Baldev Singh fell in the trolley with bleeding injuries.
When he reached in front of the house of A 1, he was surrounded by the accused persons.
After companypleting the investigation all the six respondents herein were charge sheeted for offences punishable under Sections 148, 302/149, 449, 324/149 IPC.
Both these witnesses were searchingly cross examined by the defence but there is hardly any material brought on record to discredit their evidence.
While acquitting Gurbhej Singh A 2 and Mohan Singh A 6 learned Sessions Judge held that the role attributed to both of them was very minor inasmuch as A 2 alleged to have caused a simple injury to Suba Singh P.W. 3 and numberovertact was attributed to him.
The accused pleaded that they are innocent and be acquitted.
198 DBA/87 against the two acquitted accused A 2 and A 6 to the High Court.
During the companyrse of investigation on 28.5.1985, SI Puran Singh arrested Amrik Singh A 3 , Gurbhej Singh A 2 , Gurmej Singh A 4 and Sohan Singh A 5 who were produced by Sadha Singh, the Ex Sarpanch.
Coming to the second part of the incident of the same transaction, it is alleged by the prosecution that when the accused persons were running away they raised a lalkara to finish Baldev Singh.
According to them they have been falsely implicated due to enmity.
557 of 1988 is filed by Hardev Singh, the brother of Baldev Singh since deceased .
Mohan Singh A 6 also gave a gandasa blow from its sharp side on his chest.
A pair of shoes, Ex.
553 DB/86 whereas the State of Punjab preferred a Criminal Appeal No.
Two empty cartridges recovered from the spot were taken into possession vide memo Ex.
They also denied to have made any statement which led to the recovery of any incriminating article.
As regards Mohan Singh A 6 , he found that he alleged to have caused one injury on number vital part of the body of Harbhajan Singh and one simple injury to Baldev Singh.
Harbhej Singh A 1 fired one more shot from his gun but it did number hit anybody.
All substantive sentences were directed to run companycurrently.
They trespassed into the house of Hardev Singh P.W. 2 and a lalkara was given to teach a lesson to him and others for causing injuries to Harbhej Singh A 1 .
Gurmej Singh A 4 also climbed up the trolley and gave 2 3 blows on his left arm from the sharp side of gandasa.
Mohan Singh A 5 also gave a gandasa blow from the sharp side on his chest.
Harbhej Singh A 1 , Gurbhej Singh A 2 , Amrik Singh A 3 and Gurmej Singh A 4 , the respondents herein, are the real brothers whereas Sohan Singh A 5 and Mohan Singh A 6 , the respondents herein, are the real brothers.
PV was then prepared.
After inflicting injuries to Baldev Singh the accused fled away.
Hardev Singh P.W. 2 then companytacted Rajinder Singh, the Sarpanch and informed him about the assault on Harbhajan Singh, Baldev Singh and Suba Singh.
Harbhej Singh A 1 and Mohan Singh A 6 were arrested on 31.5.1985 and during the investigation they also made disclosure statements which led to the recovery of a gun Ex.
PC and PF respectively on the dead bodies of Harbhajan Singh and Baldev Singh and sent them to the Civil Hospital, Ferozepur for post mortem examination vide his two ruqqas dated 23.5.85 exhibits PB and PF.
The house of Harbhej Singh A 1 is situated adjoining the house of Hardev Singh P.W.2 .
Amrik Singh A 2 then inflicted blows from the sharp side of the gandasa on his shoulder and right dorsal while he was lying on the ground, Gurmej Singh A 3 gave a gandasa blow from its sharp side on his right thigh Mohan Singh A 6 did number lag behind and also gave a gandasa blow on his right ankle.
The Learned Sessions Judge, Ferozepur, on appraisal of oral and documentary evidence on record by his Judgment and order dated 20th September, 1986 companyvicted Harbhej Singh A 1 , Amrik Singh A 3 , Gurmej Singh A 4 and Sohan Singh A 5 on three companynts viz.
