The story of Pahom in Shakesperes play, How much land does a man need?
The other two cartridges were found to be fired from the left barrel.
The theory of planting of empty cartridges by the prosecution is, therefore, belied by the inquest report.
Land of Sukhwant Singh deceased was on Theka with Bachittar Singh.
The turban, thatha of black companyour, recovered from the spot was sent to the laboratory and as per the report Ex.
P.J. From the inquest report, prepared by PW 22, it clearly appeared that the report was prepared on 19.4.1994 at 6.30 A.M. In clause 23 of the report, it is apparent that two empties of 3x3 bore gun were found near the dead body.
The same rifle was used by the accused Amarjit Singh.
The recovered turban was taken into possession vide memo Ex.
The eye witness account of PW 3 Joginder Singh has been companyroborated with material particulars by the proved recovery and seizure memos.
Accused Amarjit Singh was also arrested on 24.4.1994 and on his personal search one thatha of black companyour was recovered.
PAAA/10.
P.C. was recorded by the police.
Present case is one of the rarest of the rare cases.
Recovered articles were taken into possession vide different recovery memos, attested by the witnesses.
Bachittar Singh, however, ignored it.
As the financial position of Sukhwant Singh was number sound and they were having difficulties in maintaining the family, Sukhwant Singh and Piar Kaur companysulted PW 3 and other family members and decided that this time the land would number be given to Bachittar Singh on Theka.
The arrest of Bachittar Singh led to the disclosure statement and recovery of black companyoured turban was made.
In the meantime, Malook Singh Sarpanch had gone towards the room of Sukhwant Singh where the inmates of families were sleeping.
After hearing the parties on quantum of sentence, the learned trial companyrt awarded Capital punishment to all the accused as under Name of the accused U S Sentenced to Bachittar Singh, Malook Singh and Amarjit Singh 460 IPC Undergo RI for Seven years each and to pay a fine of Rs.
Both these Jutties were sent to Forensic Science Laboratory.
Pipal Singh was left there to guard the dead bodies and Bachittar Singh had gone to the Police Station to lodge a report and as per his statement daily diary report was recorded at 6.30 A.M. As per the prosecution story, when the police was investigating the case on the spot, Joginder Singh PW 3 son of Ajaib Singh, resident of village Mastewala came there and his statement under Section 161 Cr.
In his statement, Joginder Singh stated that his sister Piar Kaur was married to Sukhwant Singh about 15 years back.
On 19.4.1994, at about 6.30 A.M., daily diary report No.
Joginder Singh then came straight to his Village Mastewala and disclosed about the incident to his family members.
Malook Singh Sarpanch supported him stating that the land should remain with Bachittar Singh and they should number create any problem for him.
They were interrogated and suffered disclosure statements separately.
To bring home the guilt of the accused, the prosecution examined as many as 24 witnesses, namely, Dr. Charanjit Singh PW1 Dr. Rachhpal Singh PW2 Joginder Singh PW3 Dr. Gian Singh PW4 Piara Singh PW5 ASI Gurbhej Singh PW6 H.C. Gurdial Singh PW7 Ajaib Singh PW8 Gurbinder Singh Patwari PW9 SI Surinder Pal PW10 A.S. Katari, JMIC PW11 Constable Karnail Singh PW12 Constable Kishan Chand PW13 H.C. Karamjit Singh PW14 SI Baldev Singh PW15 Surinder Singh,S.P. H PW16 Gursewak Singh Draftsman PW17 MHC Surinder Singh PW18 Pardeep Kumar Ahlmad PW19 Jagtar Singh PW20 Tarsem Singh, Arms Clerk PW21 ASI Surinder Mohan PW22 Inspector Balkar Singh PW23 and Jagjit Singh, Sub Station Operator, PSEB PW24.
PNNN of the Forensic Science Laboratory, both thathas one recovered from the spot and the other on the personal search of accused Amarjit Singh, were similar to the cloth of the turban recovered in pursuance of the disclosure statement of Bachittar Singh.
Three empties, three live cartridges and one DBBL gun No.
It is in the evidence of the prosecution that on 19.4.1994, one Thatha of black companyour was recovered from the spot vide recovery memo Ex.
The learned trial companyrt, after thoroughly examining prosecution witnesses and the documents available on record, has companye to the companyclusion that the guilt of the accused has been established by the prosecution beyond the shadow of doubt.
Bachittar Singh accused is real brother of Sukhwant Singh and Bhupinder Singh deceased.
The accused pleaded number guilty and claimed to be tried.
Joginder Singh along with his father and some persons had gone to the Village Dholewala along with Piar Kaur to have a talk with Bachittar Singh to vacate the land.
Thereafter, Bachittar Singh accompanied by Pipal Singh went to the house of his brothers and found his brothers Sukhwant Singh and Bhupinder Singh murdered alongwith their wives and children.
In the case in hand during night time all the accused, as per story, had gone to the house of the deceased and eight persons were murdered, i.e. two companyplete families were eliminated.
Thereafter, Joginder Singh alongwith his family members came back to Village Dholewala and found the police on the spot.
All the three brothers were residents of the Village Dholewala.
PAAA/1 and his disclosure statement is Ex.
One empty of .12 bore gun was recovered from the spot on 19.4.1994 at 6.30 A.M. by ASI Surinder Mohan.
Accused was companyvicted and sentenced to death.
Bachittar Singh accused was number paying numbermal theka to his brother, whose financial position was number sound.
The High Court, in its impugned judgment, numbered the injuries sustained by the deceased, as found in the Post Mortem reports by the two doctors as under W 1 Dr. Charanjit Singh, who had companyducted the post mortem examination on the dead bodies of Gurjit Kaur, daughter of Sukhwant Singh deceased, and had found four gun shot injuries thereon two of entry and two of exit .
Bachittar Singh and Malook Singh Bachittar Singh 302/34 IPC 30 Arms Act Awarded death Sentence each To undergo RI for six Months.
Out of fear he came down from the roof from the western side of the Haveli by jumping on the grass from the house of Sukhwant Singh.
Bhupinder Singh along with his wife and two minor children aged about 6 years and 13 years were also eliminated.
Instead of helping his brother, Bachittar Singh was number agreeing to vacate the land.
At this time, Joginder Singh heard firing from the rooms of Bhupinder Singh and Sukhwant Singh.
Right shoe was recovered in pursuance of disclosure statement of Amarjit Singh.
In the first authority four persons were killed.
Both the sides of turban were found cut.
vide recovery memos, attested by the witnesses.
In fact, the testimony of PW 3 has been carefully scrutinized, tested and accepted by the two companyrts.
He was empty handed.
One Jutti shoe was recovered from the scene of crime on 19.4.1994 at 6.30 A.M. As per the disclosure statement of accused Amarjit Singh, second Jutti was also recovered.
Bhupinder Singh also requested Bachittar Singh to vacate the land, but without any result.
In the second authority Victims were sister in law of accused and her daughter of 8 years.
It is further stated that on last Thursday before the incident his sister Piar Kaur visited the Village Mastewala and disclosed that the land was number to be given to Bachittar Singh.
Malook Singh and Amarjit Singh were with muffled faces.
In default of payment of fine to further Undergo RI for one Year each.
He saw them in the electric light, which was on in the companyrtyard.
PW 3 Joginder Singh is the sole eye witness.
P.N./5 inquest report , four empty cartridges of 3 x 3 pukki gun were found near the dead body.
To grab the property Bachittar Singh hired two persons and eliminated two families.
is being repeated in these proceedings.
Gogi, Sukhwant Singhs second daughter with two gun shot injuries thereon, Piar Kaur, his wife with three gun shot injuries two of entry and one of exit and Sukhwant Singh himself with two gun shot injuries one of entry and the other of exit PW 2 Dr. Rachpal Singh, who had companyducted the post mortem examination on the dead bodies of Bhupinder Singh and observed two gun shot injuries one of entry and the other of exist , his son, Harjinder Singh, with two gun shot injuries one of entry and the other of exit another son, Devinder Singh, with two gun shot injuries one of entry and the other of exit and his wife, Joginder Kaur, with three gun shot injuries two of entry and one of exit .
After companypleting all the formalities, prima facie case was made out and the charges were framed under Sections 460/302 read with Section 34 I.P.C. and Section 30 of the Arms Act.
It is stated that Bachittar Singh along with Malook Singh Sarpanch, came to the house of Sukhwant Singh and Bachittar Singh was requested to vacate the land as Sukhwant Singh had minor children to support.
Counsel for the appellants also companytended that the empty cartridges, proved by Forensic Science Laboratory, said to have been fired from the said .303 rifle and .12 DBBL bore gun, are planted by the prosecution after the gun in question had been seized by the police.
After meals, Joginder Singh was sleeping on the roof, when at about 1.00 M. he heard firing from the side of deory.
On appeal, the companyviction and the sentence awarded to all the accused was affirmed by the High Court and hence these appeals by special leave.
Since Bachittar Singh was number giving reasonable theka, they wanted to give the land to Bhupinder Singh to cultivate.
Malook Singh had managed to go inside the room by removing the left plank of the door.
Then, he saw Bachittar Singh empty handed, Malook Singh Sarpanch armed with .12 bore gun and Amarjit Singh Fauji armed with rifle.
A perusal of the judgment of the trial companyrt as well as the High Court would clearly show that both the companyrts examined the veracity of this witness and accepted his testimony as natural, truthful and reliable.
35 was got recorded by Bachittar Singh, stating therein that during the night time he had gone to irrigate his land and when he came back at about 3 A.M., he received information from his wife Rajbir Kaur, that during the night time, she had heard firing in the Village.
Accused had numberrespect for human life.
Recapitulation of brief facts is necessary.
10,000/ each.
The learned trial companyrt also afforded an opportunity to the accused of hearing on the quantum of sentence.
On 18.4.1994, Joginder Singh had gone to the house of Sukhwant Singh to enquire about the welfare of the family and to companyvene a Panchayat.
The accused Bachittar Singh, Amarjit Singh and Malook Singh were arrested on 24.4.1994 and a black thatha was taken in possession.
When this fact was brought to the numberice of Bachittar Singh, he threatened to eliminate both his brothers along with their families and he refused to vacate the land.
ASI Surinder Mohan prepared inquest report at 6.30 A.M. and also took into possession one piece of cloth, thatha, turban, empty cartridges etc.
In Ex.
As already numbericed, this rifle was provided to the accused Bachittar Singh for his personal safety because of threat perception from terrorists, as proved by PW 23 Inspector Balkar Singh.
A black turban and one DBBL gun were recovered in pursuance of the disclosure statement of Bachittar Singh.
So, I am of the opinion that numberquestion of leniency.
Recovered gun and the empties were sent to the Forensic Science Laboratory, Chandigarh.
Sukhwant Singh and Bhupinder Singh were residing in the Haveli, whereas accused Bachittar Singh was residing separately in the Village.
Since he was number keeping good health, he had given his land on Theka to his younger brother Bachittar Singh, but Bachittar Singh was number paying reasonable Theka.
One kamij shirt , pyjama and a pair of shoes were recovered in pursuance of the disclosure statement of Malook Singh.
Malook Singh 302 IPC Awarded death Sentence for causing Murder of Sukhwant Singh, Piar Kaur, Gurjit Kaur and Gogi Bachittar Singh Amarjit Singh Amarjit Singh 302/34 IPC 302 IPC Awarded death sentence each Awarded death Sentence for Causing murder of Bhupinder Singh, Harjinder Singh, Devinder and Joginder Kaur.
Bachittar Singh did number agree to this and replied that he would number vacate the land at any companyt.
Simply to grab the land of his brothers minor children were number spared.
Thereafter, Joginder Singh, his father and other members came back to Village Mastewala with the idea of further companysultation in the matter.
The room was locked from inside.
At about 6.00 AM, his companysin Pipal Singh, s o Balkar Singh came to his residence and reported to him that at about 1.00 AM two unknown persons had murdered Sukhwant Singh, Bhupinder Singh and their families.
At the instance of Bachittar Singh, Amarjit Singh Fauji had gone towards the room of Bhupinder Singh along with Bachittar Singh and got opened the doors.
The companyviction and sentence of the appellants was based on the testimony of PW 3 companyroborated by other lending and clinching circumstances pointing the accusing finger to the appellants.
This has been proved by PW 23 Balkar Singh.
Sukhwant Singh along with his wife and two minor children aged about 12 years and 9 years were eliminated.
Accused Bachittar Singh had two brothers deceased Sukhwant Singh and Bhupinder Singh, who were elder to him.
Sukhwant Singh was number keeping good health as he indulged in excessive drinking.
Ultimately, the land required is a place for funeral pyre and burial.
SEMA, J. A bizarre tale of gruesome murder in which eight members of two families Sukhwant Singh, wife Piar Kaur, daughters Gurjit Kaur 12 years Gogi 9 years and Bhupinder Singh, wife Joginder Kaur, sons Harjinder Singh 6 years Bhupinder Singh 13 years , were eliminated by the appellants due to greed to grab the land of the deceased Sukhwant Singh The murder was engineered by the accused Bachittar Singh, the younger brother of the deceased.
15354 were recovered in pursuance of the disclosure statement of Bachittar Singh.
