Criminal Appeal No. 104-DB of 2000 1 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 104-DB of 2000 Dated of Decision: 13.01.2009 1. Harbhagwant Singh @ Noopi son of Bhag Singh, 2. Harvinder Singh @ Happy son of Bhag Singh, 3. Santokh Singh son of Nijjar Singh, 4. Manjit Singh @ Bhagga Singh son of Santokh Singh, 5. Kuldip Singh son of Santokh Singh, 6. Lekh Raj @ Pappu son of Sant Ram, All residents of Village Garha, P.S. Phillaur, Distt. Jalandhar. ... Appellants Versus The State of Punjab. ...Respondent Criminal Appeal No. 859-DB of 2004 Dated of Decision: 13.01.2009 7. Bhag Singh son of Harbans Singh, Cultivator, resident of Village Garha, Tehsil Phillaur. ... Appellant The State of Punjab. ....Respondent Criminal Revision No. 538 of 2000 Criminal Appeal No. 104-DB of 2000 2 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 Dated of Decision: 13.01.2009 Gian Singh son of Mehar Singh aged 50 years, Mason, resident of Village Garha, P.O. Phillaur, Distt. Jalandhar. ....Petitioner 1. Harbhagwant Singh son of Bhag Singh aged 28 years, resident of Village Garha, Police Station Phillaur. 2. Harvinder Singh alias Happy son of Bhag Singh aged 26 years, resident of Village Garha, Police Station, Phillaur. 3. Santokh Singh son of Nijjar Singh aged 50 years, resident of Village Garha, Police Station, Phillaur. 4. Manjit Singh son of Santokh Singh, aged 22 years, resident of Village Garha, Police Station, Phillaur. 5. Kuldip Singh son of Santokh Singh aged 30 years, resident of Village Garha, Police Station, Phillaur. 6. Lekh Raj alias Pappu son of Sant Ram, aged 32 years, resident of Village Garha, Police Station, Phillaur. 7. Sarwan Singh alias Taboo son of Chanan Singh Saini aged 35 years, resident of Village Lassara Police Station, Phillaur. ...Respondents CORAM: HON'BLE MR. JUSTICE K.S. GAREWAL HON'BLE MR. JUSTICE SHAM SUNDER Present: Mr. H.S. Sandhu, Senior Advocate, with Mr. Varun Wadhwa, Advocate, and Mr. Bikramjit Pannu, Advocate, for Harbhagwant Singh @ Noopi, Harvinder Singh @ Happy and Lekh Raj @ Pappu, appellants, in Criminal Appeal No. 104-DB of 2000. Mr. P.S. Hundal, Senior Advocate, with Mr. P.P.S. Hundal, Advocate, Criminal Appeal No. 104-DB of 2000 3 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 for Santokh Singh, Manjit Singh @ Bhagga Singh and Kuldip Singh, appellants, in Criminal Appeal No. 104-DB of 2000. Mr. R.S. Rai, Senior Advocate, with Mr. Anurag Verma, Advocate, for Bhag Singh, appellant, in Criminal Appeal No. 859-DB of 2004. Mr. D.S. Brar, Deputy Advocate General, Punjab, for the respondent – State, in both the appeal. None for the petitioner, in Criminal Revision No. 538 of 2000. * * * * SHAM SUNDER, J. This judgement shall dispose of Criminal Appeal No. 104- DB of 2000, filed by Harbhagwant Singh @ Noopi son of Bhag Singh, Harvinder Singh @ Happy son of Bhag Singh, Santokh Singh son of Nijjar Singh, Manjit Singh @ Bhagga Singh son of Santokh Singh, Kuldip Singh son of Santokh Singh and Lekh Raj @ Pappu son of Sant Ram and Criminal Appeal No. 859-DB of 2004, filed by Bhag Singh son of Harbans Singh, accused (now appellants), against the judgement of conviction, and the order of sentence, dated 12.01.2000 and 23.04.2004, respectively, rendered by the Courts of Additional Sessions Judge, Jalandhar, vide which, they convicted and sentenced them, as under, as also, Criminal Revision No. 538 of 2000, filed by Gian Singh son of Mehar Singh, complainant, for setting aside the Criminal Appeal No. 104-DB of 2000 4 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 acquittal of Sarwan Singh, accused, for enhancement of fine heavily, and payment of the same, as compensation, to the kith and kin of the deceased:- Names of the accused (now appellants) Offence for which convicted Sentence awarded 1 2 3 (a) Harbhagwant Singh @ Noopi (a) Under Section 302/149 Indian Penal Code. Life imprisonment and to pay fine of Rs. 1000/-, and in default thereof,to undergo rigorous imprisonment for a period of six months. (b) Under Section 307 Indian Penal Code. Rigorous imprisonment for a period four years and to pay a fine of Rs. 500/-, and in default thereof, to further undergo rigorous imprisonment for a period of three months. (c) Under Section 148 Indian Penal Code. Rigorous imprisonment for a period of one year. (d) Under Sections 324/149 Indian Penal Code. Rigorous imprisonment for a period of one year. (b) Harvinder Singh @ Happy (a) Under Section 302 Indian Penal Code. Life imprisonment and to pay a fine of Rs. 1000/- and in default thereof, to undergo rigorous imprisonment for a period of six months. Criminal Appeal No. 104-DB of 2000 5 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 Names of the accused (now appellants) Offence for which convicted Sentence awarded (b) Under Section 307/149 Indian Penal Code. Rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/- and in default thereof, to undergo rigorous imprisonment for a period of three months. (c) Under Section 324 Indian Penal Code. Rigorous imprisonment for a period of one year. (d) Under Section 324/149 Indian Penal Code. Rigorous imprisonment for a period of one year. (e) Under Section 148 Indian Penal Code. Rigorous imprisonment for a period of one year. (c) Santokh Singh (a) Under Section 302 Indian Penal Code. Life imprisonment and to pay a fine of Rs. 1000/- and in default thereof, to undergo rigorous imprisonment for a period of six months. (b) Under Section 307/149 Indian Penal Code. Rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/- and in default thereof, to undergo rigorous imprisonment for a period of three months. (c) Under Section 324/149 Indian Penal Code. Rigorous imprisonment for a period of one year. (d) Under Section 148 Indian Penal Code. Rigorous imprisonment for a period of one year. Criminal Appeal No. 104-DB of 2000 6 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 Names of the accused (now appellants) Offence for which convicted Sentence awarded (d) Manjit Singh @ Bhagga Singh (a) Under Section 302 Indian Penal Code. Life imprisonment and to pay fine of Rs. 1000/- and in default thereof, to undergo rigorous imprisonment for a period of six months. (b) Under Section 307/149 Indian Penal Code. Rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/- and in default thereof, to further undergo rigorous imprisonment for a period of three months. (c) Under Section 324 Indian Penal Code. Rigorous imprisonment for a period of one year. (d) Under Section 324/149 Indian Penal Code. Rigorous imprisonment for a period of one year. (e) Under Section 148 Indian Penal Code. Rigorous imprisonment for a period of one year. (e) Kuldip Singh (a) Under Section 302 Indian Penal Code. Life imprisonment and to pay fine of Rs. 1000/- and in default thereof, to undergo rigorous imprisonment for a period of six months. (b) Under Section 307/149 Indian Penal Code. Rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/- and in default thereof, to further undergo rigorous imprisonment for a period of three months. Criminal Appeal No. 104-DB of 2000 7 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 Names of the accused (now appellants) Offence for which convicted Sentence awarded (c) Under Section 148 Indian Penal Code. Rigorous imprisonment for a period of one year. (d) Under Section 324/149 Indian Penal Code. Rigorous imprisonment for a period of one year. (e) Under Section 324 Indian Penal Code. Rigorous imprisonment for a period of one year. (f) Lekh Raj @ Pappu (a) Under Section 302 Indian Penal Code. Life imprisonment and to pay fine of Rs. 1000/- and in default thereof, to undergo rigorous imprisonment for a period of six months. (b) Under Section 307/149 Indian Penal Code. Rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/- and in default thereof, to undergo rigorous imprisonment for a period of three months. (c) Under Section 324 Indian Penal Code. Rigorous imprisonment for a period of one year. (d) Under Section 324/149 Indian Penal Code. Rigorous imprisonment for a period of one year. (e) Under Section 148 Indian Penal Code . Rigorous imprisonment for a period of one year. (g) Bhag Singh (a) Under Section 148 Indian Penal Code. To undergo rigorous imprisonment for one year. Criminal Appeal No. 104-DB of 2000 8 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 Names of the accused (now appellants) Offence for which convicted Sentence awarded (b) Under Section 302 read with Section 149 Indian Penal Code. To undergo life imprisonment and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo rigorous imprisonment for six months. (c) Under Section 307 read with Section 149 Indian Penal Code. To undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo rigorous imprisonment for three months. (d) Under Section 324 read with Section 149 Indian Penal Code. To undergo rigorous imprisonment for one year for causing injuries to Jatinder Singh. (e) Under Section 324 read with Section 149 Indian Penal Code. To undergo rigorous imprisonment for one year for causing injuries to Jagir Singh, PW. All the substantive sentences, were ordered to run concurrently. 2. The unfortunate catastrophe, in the instant case, which led to the loss of one valuable life and injuries, on the person of two injured, on the side of the complainant, seems to be the result of chronic land dispute, and a competitive race for taking possession of the same (land) by the complainant or the accused. The story Criminal Appeal No. 104-DB of 2000 9 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 commenced with the purchase of two killas of land from Santokh Singh, accused, by Jagir Singh, injured, vide registered sale-deed, about four years earlier to 16.10.96. As emerges, from the record, Santokh Singh, vendor, was not delivering the possession of the land to Jagir Singh, vendee. The said land was adjacent to the passage. Bhag Singh, accused, and his sons were helping Santokh Singh, in that matter. On 16.10.96, at 10.00 PM, Gian Singh, complainant, his son Manjit Singh (now deceased), Jagir Singh, and his son Jatinder Singh, had gone for cultivating the land aforesaid of Jagir Singh. After doing so, Gian Singh, in Tata Siera, bearing registration No. PB-37-7580, with a point 12 bore gun, placed in the same, Manjit Singh, on his scooter, bearing registration No. PB-37-7406, whereas Jagir Singh and Jatinder Singh, in a tractor, bearing registration No. PUL-1638, keeping a licenced .315 rifle, in the same (belonging to Jagir Singh), were coming back to village Garha, and, when they were still at some distance, from the grid station of village Garha, Sarwan Singh, accused (since acquitted), came, driving a four wheeler Tata 407, bearing registration No. PB-08-P-8479 and stopped the same, in front of the tractor of Jagir Singh and Jatinder Singh. Santokh Singh, accused, armed with a gandassi, Kuldeep Singh, accused, armed with a kirpan, Bhagga Singh @ Manjit Singh, accused, armed with a datar and Lekh Raj @ Pappu, accused, armed with a datar, alighted from that vehicle. The vehicle was followed, by one motor-car, bearing registration No. Criminal Appeal No. 104-DB of 2000 10 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 DL-3C-B-4498. That car also stopped at that place. Harbhagwant Singh @ Noopi, accused, armed with a rifle, Harvinder Singh @ Happy, accused, armed with a datar, and Bhag Singh, accused, empty handed, came out of the same. Bhag Singh, raised an exhortation, that no member of the complainant party, should go unhurt. On such exhortation, having been raised by Bhag Singh, Kuldip Singh, gave two blows with kirpan, on the right leg of Manjit Singh (now deceased) and Bhagga Singh @ Manjit Singh, accused, gave a blow with his datar, on the left leg of Manjit Singh (since deceased) , as a result whereof, he fell down, on the ground. Gian Singh, after coming out of his car, tried to save his son Manjit Singh (now deceased), upon which, Santokh Singh, gave two blows, with gandassi, on his head. Harvinder Singh @ Happy, gave blow with his datar, on the left shoulder of Jagir Singh and Kuldip Singh, gave a blow with his sword (kirpan), on the right thigh of Jagir Singh. Bhagga Singh @ Manjit Singh, accused, gave a blow with datar, on the right wrist of Manjit Singh. Lekh Raj @ Pappu, also gave datar blow, on the right hand of Manjit Singh. Santokh Singh, accused, gave blows with his gandassi, on the head of Manjit Singh. Lekh Raj @ Pappu, gave blow with his datar, on the arms of Manjit Singh and Harvinder Singh @ Happy, also gave blows with his datar, on the head of Manjit Singh. Gian Singh and Jatinder Singh, raised an alarm of 'killed-killed' and entered the sugarcane fileds. Bhag Singh, accused, exhorted Harbhagwant Singh @ Noopi, Criminal Appeal No. 104-DB of 2000 11 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 accused, to fire at them, towards the sugarcane fields. Harbhagwant Singh @ Noopi, accused, then fired shots from his rifle towards Gian Singh and Jatinder Singh, but luckily, they escaped. They kept on raising alarm, from the sugarcane fields, which attracted Gurpreet Singh, to the spot. Thereafter, all the accused escaped from the place of occurrence, with their respective weapons, leaving their vehicles, at the spot. The occurrence was witnessed by the injured and the witnesses in the head-light of the vehicles, which were at the spot. It was stated that they were attacked by the accused, under the apprehension, that they were going to plough the land, aforesaid, which was so purchased, by Jagir Singh, from Santokh Singh. Manjit Singh, who was, in injured condition, was taken to Civil Hospital, Phillaur, where, he succumbed to his injuries after sometime. Jagir Singh and Jatinder Singh, were taken to Daya Nand Medical College and Hospital, Ludhiana, by Gurpreet Singh. Gian Singh, was going to the Police Station, to lodge a report, when Angrej Singh, Sub Inspector/Station House Officer, Police Station Phillaur, met him, at the bus-stand. He made statement exhibit PJ, before Angrej Singh, Sub Inspector/Station House Officer, which was read-over and explained to him. Endorsement exhibit PJ/1, was appended thereon, by Angrej Singh, Sub Inspector/Station House Officer, and the same was sent to the Police Station, on the basis whereof, FIR exhibit PJ/2, was recorded. 3. Thereafter, Angrej Singh, Sub Inspector, came to Civil Criminal Appeal No. 104-DB of 2000 12 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 Hospital, Phillaur, and prepared the inquest report, exhibit PB, of the dead-body of Manjit Singh. The dead-body was sent to the doctor alongwith application exhibit PA, for conducting post-mortem examination. Thereafter, Angrej Singh, Sub Inspector, came to the spot. After inspecting the same, he prepared site-plan exhibit PZ/1, with correct marginal notes. The blood stained earth, from the spot, was lifted and converted into a parcel exhibit P23. The parcel was sealed and taken into possession, vide memo PQ. Three empty cartridges were found, at the spot, which were also lifted and converted into a parcel P30, sealed with the seal, and taken into possession, vide a separate memo. 12 bore gun and five live cartridges were recovered from the car Tata Siera, bearing registration No. PB-37-7580, which were converted into parcels P1 and P2 to P6, duly sealed, and taken into possession, vide memo PK. The tractor, bearing registration No. PB-37-7406, which was lying, at the spot, was taken into possession, vide memo PM. The vehicle make Tata 407, bearing registration No. PB-08-P- 8479, and the Esteem car, bearing No. DL-3C-D-4498, were taken into possession, vide recovery memos PN and PO, respectively. From the car, one rifle .315 bore, exhibit P7 and ten live cartridges P8 to P17, were recovered and those were taken into possession, vide memo PR. The photographer was called to the spot, and the same was got photographed. On reaching the Police Station, the case property was deposited with the Moharrir Head Constable. Criminal Appeal No. 104-DB of 2000 13 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 4. Thereafter, Angrej Singh, Sub Inspector/'Station House Officer, Police Station Phillaur, proceeded to Daya Nand Medical College and Hospital, Ludhiana. He made applications exhibits PW12/A and PW12/E, before Dr. Gaurav Singal, for obtaining his opinion, about the fitness of Jatinder Singh and Jagir Singh, for making their statements. The doctor declared them fit, vide endorsements exhibits PW12/C and PW12/D. Thereafter, their statements were recorded. 5. On the same day, Angrej Singh, Sub Inspector, conducted a raid, at village Garha, for arresting the accused, but no one was found. He came back to Civil Hospital, Phillaur. The post-mortem examination, on the dead-body of Manjit Singh, was performed, by a board of doctors, headed by Dr. Hari Singh. As many as, 12 ante- mortem injuries, were found, on the dead-body of Manjit Singh. It was opined that the cause of death was shock and hemorrhage, due to multiple injuries, leading to cardio-pulmonary arrest and death, and those were sufficient to cause the death, in the ordinary course of nature. Harbhajan Singh, Constable, through whom, the dead-body, was sent to the doctor, produced the wearing apparels, exhibits P18 to P22, found on the dead-body, before Angrej Sijngh, Sub Inspector, and the same were taken into possession, vide memo exhibit PZ/3. 6. On 19.10.96, Angrej Singh, Sub Inspector, went to village Garha. He arrested Harvinder Singh @ Happy, accused. When he was Criminal Appeal No. 104-DB of 2000 14 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 returning from that place, and reached near the Committee Ghar, Phillaur, Madan Lal Chauhan, produced before him, Bhag Singh, Manjit Singh @ Bhagga, Kuldip Singh and Lekh Raj @ Pappu, accused. He arrested all those accused, and prepared their personal search memos PZ/4 to PZ/8. On 21.10.96, Angrej Singh, Sub Inspector, interrogated Manjit Singh @ Bhagga Singh, accused, in the presence of Balwinder Singh, Assistant Sub Inspector and Gian Singh. He disclosed that he had concealed one datar, in the dry bed (Nala), on the eastern side of village Garha, under the dry sticks, of which, he only knew and could get the same recovered, by pointing out. Thereafter, Lekh Raj @ Pappu, accused, was interrogated, who made a disclosure statement PT, to the effect, that he had concealed one datar, in the dry bed (Nala), on the eastern side of village Garha, of which, he only knew and could get the same recovered, by pointing out. Both these accused were taken to the dry bed (Nala), wherefrom, Manjit Singh @ Bhagga Singh, accused, got recovered one blood stained datar, in pursuance of his disclosure statement. Rough sketch PU/2, thereof, was prepared, and after converting the same into a parcel, duly sealed, it was taken into possession, vide memo PU/1. Rough site plan PU/3 of the place of recovery of datar, was prepared. Thereafter, Lekh Raj @ Pappu, accused, in pursuance of his disclosure statement, got recovered a blood stained datar, from the spot. Rough sketch PT/2 of datar was prepared and after converting the same into a parcel, duly sealed, it was Criminal Appeal No. 104-DB of 2000 15 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 taken into possession, vide recovery memo PT/1. Rough site plan PT/3, of the place of recovery of the aforesaid datar, was prepared. On coming back, to the Police Station, the case property was deposited with the Moharrir Head Constable. On 23.10.96, Jatinder Singh, produced one scooter, before Angrej Singh, Sub Inspector. The same was taken into possession, vide memo PZ. On the same day, Angrej Singh, Sub Inspector, interrogated Harvinder Singh @ Happy, accused, in the presence of Balwant Singh, Assistant Sub Inspector, upon which, he made a disclosure statement, exhibit PZ/10, that he had concealed one datar, on the eastern side of his sugarcane field, in village Garha, of which, he only knew and could get the same recovered by pointing out. Thereafter, Angrej Singh, Sub Inspector, interrogated Kuldip Singh, accused, who suffered a disclosure statement PZ/11, that he had concealed a kirpan, in the sugarcane fields of Joga Singh, situated in the area of Phillaur, of which, he only knew and could get the same recovered by pointing out. Harvinder Singh @ Happy, accused, took the Police party, to the sugarcane fields, and got recovered a blood stained datar. Rought sketch PZ/12, of the same was prepared. The datar was duly sealed, after converting the same into a parcel, and taken into possession, vide memo PZ/13. Rough site plan of the place of recovery PZ/14, was prepared. Thereafter, Kuldip Singh, accused, took the Police party, to the fields of Joga Singh, wherefrom, he got recovered a blood stained kirpan. The sketch thereof, PZ/15, was Criminal Appeal No. 104-DB of 2000 16 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 prepared and the same was converted into parcel, duly sealed, and taken into possession, vide PZ/16. Rough site plan of recovery was prepared. On reaching the Police Station, the case property was deposited with the Moharrir Head Constable. 7. On 30.10.96, Angrej Singh, Sub Inspector, was present at Octroi Post, Village Tang, in connection with holding a picket, when Santokh Singh and Sarwan Singh @ Tabbo (since acquitted), accused, were produced before him. They were arrested in this case. On 01.11.96, Angrej Singh, Sub Inspector, was patrolling the area of City Phillaur, and Gian Singh, was also accompanying the Police party, in bus-stand Phillaur. Gian Singh, pointed out towards Harbhagwant Singh, accused. He was arrested by Angrej Singh, Sub Inspector. He was interrogated. He made a disclosure statement PZ/18, that he had concealed one rifle .315 bore alongwith 22 live cartridges, in his residential house, situated in village Garha. In pursuance of that disclosure statement, he got recovered the rifle and cartridges from the said place. The rifle and the cartridges were converted into parcels, duly sealed, and taken into possession, vide a separate memo. Rough site plan of the place of recovery was prepared. On the same day, Angrej Singh, Sub Inspector, interrogated Santokh Singh, accused, in the presence of Balwinder Singh, Assistant Sub Inspector, and Gian Singh, upon which, he made a disclosure statement exhibit PW, that he had concealed a gandassi, in his fields, under the chaff, of which, he Criminal Appeal No. 104-DB of 2000 17 Criminal Appeal No. 859-DB of 2004 Criminal Revision No. 538 of 2000 only knew and could get the same recovered, by pointing out. In pursuance of that disclosure statement, he got recovered a blood stained gandasi, the rough sketch whereof, exhibit PX/2, was prepared. After converting the same into a parcel, which was duly sealed, it was taken into possession, vide memo PX/1. Site plan PX/3 of the place of recovery was prepared. On reaching the Police Station, the case property was deposited with the Moharrir Head Constable. The scaled plan of the place of occurrence PW5/A, was got prepared from Dalip Singh, Draftsman. The parcels containing the weapons, got recovered, by the accused, blood stained earth and wearing apparels of the deceased were sent to the Chemical Examiner. All the articles were found stained with human blood. The parcel containing rifle .315 bore and the parcel containing the empty cartridges, which were found, at the spot, were sent to the Forensic Science Laboratory,