Crl.A. No.68-DB of 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.A. No.68-DB of 2001 DATE OF DECISION: December 3, 2009 DARSHAN SINGH AND OTHERS ...APPELLANTS VERSUS STATE OF PUNJAB ...RESPONDENT Crl.A. No.97-DB of 2001 JAGGA SINGH AND ANOTHER ...APPELLANTS VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE JITENDRA CHAUHAN. PRESENT: MR. A.P.S. DEOL, SR.ADVOCATE WITH MS. MANPREET KAUR, ADVOCATE FOR THE APPELLANTS. MS. MANJARI NEHRU KAUL, ADDL.A.G., PUNJAB. ASHUTOSH MOHUNTA, J. This judgement shall dispose of Crl.A.No.68-DB of 2001 as well as Crl.A. No.97-DB of 2001, as both these appeals arise out of a common impugned judgement of conviction and order of sentence. The appellants, Darshan Singh S/o Sukhdev Singh, Darshan Singh S/o Jang Singh, Jagga Singh, Karnail Singh and Titi Singh have challenged the judgement of conviction and order of sentence dated 6.12.2000, passed by Addl. Sessions Judge, Mansa, whereby the appellants have been convicted under Section 302, 323, 148, 325, 324, 435, 148, 149 IPC and have been sentenced to undergo as under:- Crl.A. No.68-DB of 2001 -2- Name of accused- appellant Section Sentence Darshan Singh S/o Sukhdev Singh 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine R.I. for one month 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine, R.I. for 1 month 323/149 IPC R.I. for 1 month and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 148 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 325/149 IPC R.I. for 2 years and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 324/149 IPC R.I. for 9 months and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 435/149 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month Darshan Singh S/o Jang Singh 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine, R.I. for one month 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine, R.I. for 1 month 323/149 IPC R.I. for 1 month and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 148 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 325/149 IPC R.I. for 2 years and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 324 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 435/149 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine,R.I. for 1 month Crl.A. No.68-DB of 2001 -3- Name of accused- appellant Section Sentence Jagga Singh 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine R.I. for one month 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine, R.I. for 1 month 323/149 IPC R.I. for 1 month and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 148 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 325/149 IPC R.I. for 2 years and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 324/149 IPC R.I. for 9 months and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 435 IPC R.I. for 2 years and fine of Rs.500/-, in default of payment of fine, R.I. for 1 month. Karnail Singh 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine R.I. for one month 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine, R.I. for 1 month 323/149 IPC R.I. for 1 month and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 148 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 325/149 IPC R.I. for 2 years and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 324/149 IPC R.I. for 9 months and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 435/149 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month Crl.A. No.68-DB of 2001 -4- Name of accused- appellant Section Sentence Titi Singh 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine R.I. for one month 302/149 IPC R.I. for life and fine of Rs.1000/-, in default of payment of fine, R.I. for 1 month 323/149 IPC R.I. for 1 month and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 148 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 325/149 IPC R.I. for 2 years and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month 324/149 IPC R.I. for 9 months and fine of Rs.200/-, in default of payment of fine, R.I. for 1 month 435/149 IPC R.I. for 1 year and fine of Rs.300/-, in default of payment of fine, R.I. for 1 month All the substantive sentences were ordered to run concurrently. The prosecution story in brief is that on 15.9.1997, at 8.15 a.m., Bhola Singh S/o Hardev Singh had made statement (Ex.PO) before Chuhar Singh, Inspector, Police Station Goha, which constituted the formal FIR. Bhola Singh complainant has stated in his statement with regard to the dispute of land between the complainant party and the accused party that Hardev Singh, father of Bhola Singh inherited some property of Dhanna Singh, his uncle, however, Sukhdev Singh, uncle of Bhola Singh had taken possession of the land situated in the area of village Rampur Mander. Hardev Singh, father of Bhola Singh, filed an application for partition of the land and accordingly application for partition was allowed and possession of land measuring 2-1/4 killas on Kulhana road in the area of village Rampur Mander was with Hardev Singh and his family members. Crl.A. No.68-DB of 2001 -5- On 15.9.1997, at about 6.00 a.m. Bhola Singh, his brother Kaka Singh (now deceased), Satguru Singh and his father Hardev Singh (now deceased) were cultivating the aforesaid land with a tractor and Kaka Singh was driving the tractor whereas. Satgur Singh was sitting beside him. Bhola Singh and his father Hardev Singh were going along the tractor. Darshan Singh son of Sukhdev Singh armed with a gandasa, Sukhdev Singh (now dead) armed with the gandasa, Kanail Singh @ Kala S/o Harnek Singh with a gandasa, Darshan Singh @ Darshe S/o Jang Singh armed with a gandasa, Jagga Singh S/o Nek Singh armed with a gandasa, all residents of Rampur Mander, Titi Singh, armed with a gandasa and Mithu Singh armed with a Sela, residents of Taspura who were the brothers-in-law of Lila Singh S/o Sukhdev Singh emerged out of the Bajra crop field and came to the land which was being ploughed by Bhola Singh, his brother and father. They were raising lalkaras saying that 'they would teach them a lesson for taking the land'. Kaka Singh stopped the tractor and alighted there from. He told them that they should not quarrel and settle the matter amicably. Thereupon, Darshan Singh S/o Sukhdev Singh gave a gandasa blow which hit on the head of Kaka Singh (deceased), as a result of which he fell down. Sukhdev Singh, accused (died) gave two gandasa blows which hit on the head of Hardev Singh, as a result of which he (Hardev Singh) fell down. Darshan Singh @ Darshe S/o Jang Singh gave a gandasa blow on the head of Satgur Singh. Karnail Singh @ Kala S/o Harnek Singh gave a gandasa blow on the right leg of Hardev Singh. Titi Singh gave a gandasa blow on the left ankle of Kaka Singh. Mithu Singh gave a Sela blow on the right temporal region of Hardev Singh. Thereafter also the aforesaid accused continued causing injuries with their respective weapons on various parts of Crl.A. No.68-DB of 2001 -6- the bodies of Kaka Singh, Hardev Singh and Satgur Singh. In the meantime, Gulab Kaur, mother of Bhola Singh came to the fields with their tea. She also witnessed the occurrence with regard to causing injuries. Bhola Singh, complainant and his mother raised alarm. Meanwhile, Mithu Singh, accused soaked a piece of cloth with diesel and kept that piece of cloth on the tank of the tractor whereas, Jagga Singh, accused set the tractor on fire. When Kaka Singh and Hardev Singh were seen, they were found already dead after succumbing to the injuries. Thereafter all the accused decamped from the spot with the respective weapons. Satgur Singh, brother of the complainant was lying in injured condition. Gulab Kaur, mother of the complainant was left with Satgur Singh, while Bhola Singh, complainant went to Chuhar Singh, chowkidar of the village. Chuhar Singh, chowkidar was sent to the spot. The motive behind the occurrence, as stated by Bhola Singh complainant is that earlier to the occurrence, Kaka Singh, Bhola Singh, complainant, Satgur Singh, Hardev Singh and another person from village Rampur Munder caused injuries on the person of Lila Singh S/o Hardev Singh and a criminal case was registered against them (complainant party). On account of that reason, the injuries were caused by the accused on the persons of Kaka Singh, Hardev Singh and Satgur Singh resulting into the death of Kaka Singh and Hardev, Singh. After lodging of the report, Bhola Singh, complainant, Chuhaar Singh, Inspector and other police officials came to the spot. Satgur Singh was lying in injured condition when the complainant and the police came there. Gulab Kaur and Chuhar Singh, chowkidar were present with Satgur Singh, injured. At that time, Satgur Singh was sent in a canter to Civil Hospital, Budhlada and Bhola Singh Crl.A. No.68-DB of 2001 -7- accompanied in that Canter. Inquest report (Ex.PB) of the dead body of Hardev Singh was prepared. Thereafter, inquest report (PF) of the dead body of Kaka Singh was also prepared. Tractor 735 Swaraj bearing registration No.PBL 9882 (Ex.P4) was taken into possession from the field vide memo Ex.PQ/4 the tractor was burnt to some extent. Post mortem examination on the dead body of Hardev Singh and Kaka Singh were got conducted. Thereafter, Inspector Chuhar Singh reached Civil Hospital Budhlada at about 8.00 p.m. and moved an application (Ex.PH) seeking the opinion of the Doctor, as to whether Satgur Singh, injured was fit to make a statement. The Doctor vide his endorsement (Ex.PH/1) opined that Satgur Singh was fit to make statement. Thereupon his statement was recorded and clothes of Satgur Singh, injured, were sealed and the sealed parcels were taken into possession vide recovery memo (Ex.PT). On 24.9.1997, Chuhar Singh, Inspector accompanied by other police officials was present at bus Stand, Rampur Munder, where Bhola Singh, complainant met him and he was joined in the Police party. In the meantime, Surja Singh, Sarpanch produced before him accused Sukhdev Singh, Darshan Singh S/o Sukhdev Singh and Darshan Singh S/o Jang Singh, accused and they were arrested. On interrogation, Sukhdev Singh, accused made a disclosure statement that he had kept concealed a gandasa under the heap of cotton sticks in his residential house in the area of village of Rampur Munder, of which he only knew and could get the same recovered. His disclosure statement (Ex.PQ) was recorded. Thereafter, Darshan Singh S/o Sukhdev Singh, accused was interrogated and disclosed that he had kept concealed gandasa under the hay lying in a room in his residential house in the area of village Rampur Mander of which he only Crl.A. No.68-DB of 2001 -8- knew and could get the same recovered. His statement (Ex.PL) was also reduced into writing. Thereafter, Darshan Singh @ Darshe also suffered a disclosure statement (Ex.PX) that he had kept concealed a gandasa under the hay in his residential house of which he only knew and could get the same recovered. In pursuance of the disclosure statement, Sukhdev Singh accused got recovered gandasa (Ex.P15) the blade whereof was stained with blood, Darshan Singh S/o Sukhdev Singh got recovered gandassa (Ex.P16), Darshan Singh S/o Jang Singh got recovered gandasa (Ex.P17). The rough sketch of the gandasas was prepared and the same were converted into sealed parcels and taken into possession. On 25.9.1997, Titi Singh and Mithu Singh, accused were produced before Inspector Chuhar Singh and they were arrested. In pursuance of the disclosure statement (Ex.PY) suffered by Titi Singh and disclosure statement (Ex.PZ) suffered by Mithu Singh, gandasas (Ex.P18 and P19) and the same were made into sealed parcels and were taken into possession. On 26.9.1997, Jagga Singh, accused was interrogated and he suffered disclosure statement (Ex.PAA) and Karnail Singh, accused also suffered disclosure statement (Ex.PBB) and thereafter Karnail Singh, accused got recovered gandasa (PW20) from the disclosed place and Jagga Singh got recovered gandasa (Ex.P21). The aforesaid gandasas were taken into possession by sealing the same separately. Binder Singh, accused was arrested on 23.10.1997. It is to be mention here that names of Karnail Singh, Titi Singh and Mithu Singh were mentioned in column No.2 in the report under Section 173 Cr.P.C. And on an application filed by the State, all the said three accused were ordered to be summoned vide order dated 20.3.1998. After completion of all the formalities and investigation, Crl.A. No.68-DB of 2001 -9- challan under Section 148, 302, 452, 324, 325, 326 read with Section 149 IPC was presented in the Court. The case was committed vide order dated 12.12.1997. Finding a prima facie case against the accused, they were charge-sheeted under Section 148, 302, 325,324, 323 and 435 read with Section 149 IPC, to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined as many as 9 witnesses. PW1 Dr. Kashmir Singh conducted the autopsy on the dead body of Hardev Singh and found the following injuries:- “1. An incised wound 8 cm x 1 cm on occipital region towards right side. Clotted blood was present. On dissection occipital bone cut, meniges were lacerated, cerebral hemisphere injured. There was collection of blood in the posterior craneal fossa Blood vessels were injured. 2. An incised wound 3 cm x 1 cm x 2 cm everted edges clotted blood was present on right temporal region, 4 cm posterior to right eye brow. Underlying bone was cut, meninges were injured. 3. An incised wound 3 cm x 2 cm on lateral side of right arm 6 cm above wrist joint. Clotted blood was present, radius bone was fractured, bony projection coming out through the wound. 4. A lacerated wound 3 cm x 2 cm on right leg just above the ankle joint. Clotted blood was present wound surrounded by diffuse swelling, read colour. Both tibia fibula were fractured. Blood vessels were injured. Crl.A. No.68-DB of 2001 -10- 5. A lacerated wound 3cm x 1cm on right leg medial side, 4 cm above injury number four, clotted blood was present. 6. A lacerated wound 4cm x 1cm on mecia side of the right leg 3cm above injury No.5. Clotted blood was present. 7. A lacerated wound 3cm x 1cm on right leg, 10 cm below knee joined, surrounded by diffuse swelling clotted blood was present. Tibia was fractured. 8. A lacerated wound 2cm x 1cm on right leg just below knee joint, clotted blood was present. 9. Lacerated wound 3cm x 2cm on right thigh, 6 cm above knee joint, clotted blood was present. 10. Lacerated wound 2.5 cm x 1 cm skin deep on right thigh, 4 cms above injury number nine, clotted blood was present. 11. Lacerated wound 3cm x 2cm on left leg just above ankle joint, clotted blood was present diffuse swelling, red in colour, tibia a fibule both fractured.” In his opinion the cause of death was due to shock and haemorrhage, as a result of the above mentioned injuries which were ante mortem in nature and sufficient to cause death in the ordinary course. This witness stated that injury No.2 on the person of Hardev Singh could be caused with Sela (Ex.P2) and injury No.1 and 3 could be possibly caused with sharp side of the gandasa. On the same day, at 4.00 p.m. He conducted the post mortem examination on the dead body of Kaka Singh and found the following injuries on the dead body: “1. An incised wound 9 cm x 1 cm on right side of occipital region Crl.A. No.68-DB of 2001 -11- clotted blood was present. On dissection, there was skin cut subcutaneous tissue, underlying muscle and occipital bone cut. On opening the skull meninges were injured cerebval hemisphere and cerebellum were lacerated, blood was present in the craneal cavity blood vessels were injured. 2. An incised wound 2cm x 1cm on upper lip at mid line. Clotted blood was present, edges were everted, injury crosses through the whole thickness of lip. Upper two middle incisoys teeth were cut, gums were lacerated, clotted blood was present. 3. An incised wound 2cm x 1cm on back of right elbow joint clotted blood was present edges were everted 2 cm deep. 4. Bruise 4cm x 3cm on left leg 4 cm above ankle joint red in colour, tibia an fibule and both were fractured. Blood vessels were injured. 5. An incised wound 4cm x 1cm on right leg 6cm above the ankle joint. Clotted blood was present. 6. An incised wound 3.5 cms x 1 cm on right leg, 4 cm above injury No.5. Clotted blood was present. 7. A lacerated wound 3cm x 1 cm on right leg clotted blood was present. It was lying 2 cm above injury No.6. Underlying bone was visible.” In the opinion of the Doctor, the cause of death of due to shock and haemorrhage, as a result of the above mentioned injuries which were ante mortem in nature and sufficient to cause death in the ordinary course. This witness stated that injury No.1, 2, 3 and 5 and 6 could be caused with gandasa blow from sharp edged weapon. Crl.A. No.68-DB of 2001 -12- On the same day, at 9.30 a.m. this witness medico-legally examined Satgur Singh, injured and found the following injuries on his person: “1. An incised wound 9cm x 1cm on occipital region slightly towards left side. Clotted blood was present red in colour. Advised X-ray. 2. An incised wound 5cm x 1cm on posterior side of right area, 5 cm above elbow joint, bleeding was present. 3. An incised wound 1 cm x 0.25 cm n laterial side of left arm. 5cm above elbow joint, clotted blood was present red in colour. 4. An abrasion 1cm x 1cm on left leg 8cm below knee joint bright red in colour surrounded by diffuses swelling. 5. An abrasion 3cm x 1cm on right leg. 8 cm above ankle joint bright red in colour. 6. A diffuse swelling of right ankle joint, red in colour x-ray was advise. 7. An abrasion 10 x 0.75cms on back of chest towards left side read in colour. 8. A diffuse swelling on dorsal side of right hand red in colour x- ray was advised.” Crl.A. No.68-DB of 2001 -13- Injuries No.1, 6 and 8 were kept under observation while injuries No.2, 3, 4, 5 and 7 were declared simple in nature. On the basis of the x-ray report, injury No.6 was declared grievous, while injuries No.6 and 8 were declared simple in nature. This witness stated that injury No.1, 2, 3 on the person of injured Satgur Singh could be the result of gandasa blow with sharp edged weapon. Bhola Singh PW4 is the complainant and an eye witness while Satgur Singh PW5 is an injured eye witness. Both the said PWs have made consistent statements as narrated in the prosecution case and despite lengthy cross-examination, they have corroborated the version of the prosecution. PW6 Inspector Chuhar Singh was the Investigating Officer and he has given all the details of investigation conducted by him in this case. PW2 and PW4 were the formal witnesses. Thereafter, the prosecution evidence was closed. After closure of the prosecution evidence, statements of the accused under Section 313 Cr.P.C. were recorded. Accused Darshan Singh S/o Sukhdev Singh in his statement under Section 313 Cr.P.C. had stated that the land where this occurrence took place was in their possession for the last more than 20 years. The possession of this land was never transferred by any civil or revenue authorities to deceased Hardev Singh and Kaka Singh and Satgur Singh, Bhola Singh, etc. He further stated that they (accused) were keen to take possession of the land, so they colluded with Chuhar Singh, Inspector by giving him bribe so that he might deliver possession illegally to them and for that purpose they collected tractors, 50 miles away from Rampur Munder from their relations at Talwandi Sabo and then they forcibly entered Crl.A. No.68-DB of 2001 -14- in the land and started ploughing it. He further stated that he, Darshan Singh, Siri, and his father Sukhdev Singh went to ease in the field which is situated near the village abadi and found that Kaka Singh and Hardev Singh were driving the tractor. His father told them that land in question belonged to him and his family and they should not take possession of the land in odd hours, i.e. 3/4.00 a.m. and this annoyed Kaka Singh and Hardev Singh and they tried to over-run them under the wheel of their tractor. However, they managed to save themselves by moving here and there and when they found their life in danger, he and his father and other Darshan S/o Jang Singh caused injuries to the complainant party in self defence and property. In the meantime, Satgur Singh also came their with kulhari and one person came to rescue them. At that time he was caused injuries on his chest and chin, then he tried to attack them and when he wielded his weapon towards them, they also caused injuries in self defence and property. He further stated that Inspector Chuhar Singh had tried to rope-in as many as persons as was in league with the complainant party and had planted weapons against those persons who had been found innocent by S.P. Budhlada and the weapons were blood stained with same type of blood in order to involve them in this case. The case was investigated by the Superintendent of Police, Budhlada who had found Titi Singh, Mithu Singh and Karnail Singh innocent. He further stated that he, his father and Darshan Singh S/o Jang Singh and one stranger, two deceased, one injured Satgur Singh were present at the spot at the time of occurrence and none else. Accused Darshan Singh S/o Jang Singh had also taken the same pleas as taken by accused Darshan Singh S/o Sukhdev Singh. Accused Jagga Singh pleaded innocence. He stated that he had Crl.A. No.68-DB of 2001 -15- been falsely implicated in this case and he was doing work of labourer. The complainant party wanted to get employment with them on less wages, i.e. why he refused to do work with them. He used to go as labourer to Sukhdev Singh (accused-deceased) and on that reason he has been falsely implicated alongwith the weapon in this case. Accused Karnail Singh also pleaded innocence and stated that he used to do agricultural work with accused-deceased Sukhdev Singh and on that count the complainant party nursed a grudge against him and falsely implicated him in this case. Accused Mithu Singh stated that he has been falsely implicated in this case. His