The injuries caused by both these accused companyld have been caused to them by other companyaccused.
Due to murderous assault Baldev Singh fell in the trolley with bleeding injuries.
As regards Mohan Singh A 6 , he found that he alleged to have caused one injury on number vital part of the body Harbhajan Singh and one dimple injury to Baldev Singh.
P.12 to 16 a licence Ex.
Harbhej Singh A 1 fired one more shot from his gun but it did number hit anybody.
558 of 1988 is filed by Suba Singh, the son of Harbhajan Singh since deceased in this Court.
All these articles were taken into possession vide Ex.
A roula was raised whereupon all the accused persons fled away with their weapons.
Immediately all these accused persons started assaulting Suba Singh PW.3 on his chest.
553 DB/86 filed by the State of Punjab came to be dismissed companyfirming the order of acquitted them all .
The three injured persons were then taken to the hospital in a trolley.
Two empty cartridges recovered from the spot were taken into possession vide memo Ex.
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.
Both these witnesses were searchingly cross examined by the defence but there is hardly any material brought on record to discredit their evidence.
No motive was alleged against them and, therefore, their false implication cannot be ruled out.
The evidence of Suba Singh also finds companyroboration from the evidence of Hardev Singh P.W.3 .
Harbhej Singh A 1 raised an alarm whereupon Amrik Singh A 3 climbed upon the trolley and chopped off hi leg with a gandasa whereas Gurmej Singh A 3 gave two three blows with a gandasa on his left arm.
Harbhej Singh a 1 was armed with a .12 bore double barrel gun.
Mohan Singh A 5 also gave a gandasa blow from the sharp side on his chest.
When he reached in front of the house of A 1, he was surrounded by the accused persons.
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 .
SI Puran Singh then went to the hospital at Mamdot but for want of light he companyld number hold the inquest on the dead bodies .
The accused pleaded that they are innocent and be acquitted.
Harbhej Singh A 3 and Gurmej Singh A 4 , the respondents herein, are the real brothers wheres Sohan Singh A 5 and Mohan Singh A 6 , the respondents herein, are the real brothers.
Harbhej Singh A 1 and Sohan Singh A 5 are companysins.
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.
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.
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.
They also denied to have made any statement which led to the recovery of any incrimination article.
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.
The house of Harbhej Singh A 1 is situated adjoining the house of Hardev Singh P.W.2 .
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.
P.JJ and a gandasa Ex.
The defence has examined Dr. H.L. Bahmi D.W.1 who claims to be the Consulting Forensic Scientist New Delhi.
Gurmej Singh A 4 also climbed up the trolley and gave 2 3 blows on his left arm from the sharp side of gandasa.
P5/1 2 was also taken into possession therefrom vide memo Ex.
His evidence finds companyroboration from the evidence of Dr. A.S. Mann P.W.1 Medical Officer, Civil Hospital, Ferozepur who Testified to these injuries.
He then returned back to civil hospital at Mamdot and held inquest viz.
It is alleged by the prosecution that Hardev Singh W.2 was doing some companystruction work at his house.
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.
According to them they have been falsely implicated due to enmity.
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 two injured persons, namely, Harbhajan Singh and Baldev Singh while being carried to the hospital, succumbed to their injuries.
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.
He then recorded the statements of various persons.
The appeal filed by the state of Punjab came to be dismissed companyfirming the order of acquittal.
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.
Amrik Singh A 2 then inflicted blows from the sharp side of the gandasa on his shoulder and right 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.
PKK and PLL respectively.
He fell on the barseen fodder lying in the trolley.
Mohan Singh A 6 also gave a gandasa blow from its sharp side on his chest.
Appellant Hardev Singh, the brother of Baldev Singh since deceased on obtaining Special Leave has filed Criminal Appeal No.558 of 1988 whereas Criminal Appeal No.
After infliction injuries to Baldev Singh the accused fled away.
He thereafter went to the house of Chanan Singh and during the investigation companylected blood stained earth from the place of occurrence vide Ex.
A rough site plan Ex.
Coming to the injuries inflicted on Suba Singh P.W.3 , who had stated in his evidence that he had sustained the injuries on his person during the assault caused by the respondents accused , it need be numbericed that he was treated at Ferozepur Hospital.
At that time all the accused persons armed with deadly weapons reached the house of Hardev Singh P.W.2 .
The special report was sent to Illaqa Magistrate at about 1.30 a.m. on 24.5.1985.
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.
558 of 1988 is the son of Harbhajan Singh since deceased , whereas Criminal Appeal No.
Suba Singh, the appellant in Criminal Appeal No.
i 449 IPC ii 302/34 IPC and 324/34 IPC and sentenced each one of them to undergo rigorous imprisonment for five years on first companynt life imprisonment and to pay a fine of Rs.1000/ in default of payment of fine to undergo further rigorous imprisonment for three 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.
It is true that the same were superficial.
Harbhej Singh A 1 was companyvicted under Section 27 of the Arms Act and was sentenced to suffer rigorous imprisonment for one year.
At that point of time Baldev Singh was companying back after taking fodder in the tractor trolley.
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.
A pair of shoes.
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.553 DB/86 whereas the State of Punjab preferred a Criminal Appeal No.198 DBA/87 against the two acquitted accused A 2 and A 6 to the High Court .
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 W.3 and numberovertact was attributed to him .
After companypleting the investigation all the six respondents herein were charge sheeted for offences punishable under Sections 148, 302/149,449,324/149 IPC.
A 1 was further charged for an offence punishable under Section 27 of the Arms Act.
P.11 along with five cartridges Ex.
The defence also examined Dr.H.L. Bhami, W.1, the Consulting Scientist Forensic Science Laboratory, Chandigarh.
All these articles were taken into possession vide Ex.
PV was then preoared.
The accused then made the disclosure statements under Section 27 of the Evidence Act which led to the recovery of certain incrimination articles.
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.
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 Ferozepur for medical treatment.
557 of 1988 is filed by Hardev Singh, the brother of Baldev Singh since deceased .
The prosecution in support of its case examined as many as 13 witnesses of whom two are witnesses of facts besides the formal witnesses.
WITH CRIMINAL APPEAL NO 558 OF 1988 J U D G M E N T P. KURDUKAR, J. 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.
Harbhej Singh A 1 an 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.
All substantive sentences were directed to run companycurrently.
The defence of the accused is that of total denial.
The seized articles were then sent to Chemical Examiner, Serologist and Director, Chandigarh for examination and reports.
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 .
PC and PF respectively on the dead bodies of Harhajan 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 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 .
