IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.A-541-MA of 2011 Date of decision: 15.09.2011 State of Punjab …..Applicant versus Sukhwinder Singh and another ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mrs.Justice Sabina Present: Mr.D.S.Brar, Addl.A.G. Punjab for the applicant Jasbir Singh, J. (Oral) This order will dispose of two applications, in which, prayer has been made to grant leave to file an appeal against judgment of acquittal dated 18.1.2011. For facility of reference, facts are being taken from Crl.Misc.No.A-541-MA of 2011. Vide judgment under challenge, Major Singh, Sukhwinder Singh alias Chhinda and Puran Singh were charge sheeted to face trial for commission of an offence under Section 302 read with section 34 IPC. On conclusion of trial, Major Singh was convicted as per the provisions of Section 304 Part II IPC and sentenced to undergo RI for a period of seven years and to pay a fine of Rs.5000/- with default clause. So far as Sukhwinder Singh alias Chhinda and Puran Singh are concerned, they were acquitted. Facts of the case of the prosecution, were noted by the trial Court in paragraph No.2 of its judgment under challenge, which read thus:- Crl.Misc.No.541-MA of 2011 “2. The brief facts of the prosecution case are that this case was registered on the statement of complainant Sucha Singh who stated that on 14.8.2007, it was decided in the village Panchayat that land measuring 10 marlas cultivated in excess than actual share of land by Puran Singh will be given to him (complainant) by said Puran Singh. It was also decided that Sewa Singh will vacate the land 10 marlas (exchanged by Sewa Singh son of Kartar Singh) with Puran Singh and Puran Singh will hand over the possession of said land belonging to Sewa Singh, to complainant; and as per decision taken in the village Panchayat, on 15.8.2007 at about 10.00 A.M. The complainant along-with his brother Darshan Singh, Satnam Singh and his father Swaran Singh son of Natha Singh, when went to cultivate the land measuring 10 marlas, which was being cultivated by Sewa Singh, Major Singh son of Sewa Singh armed with sua, Sukhwinder Singh son of Kartar Singh empty handed, Puran Singh son of Natha Singh empty handed, jat residents of Pracha came there. Puran Singh raised a lalkara exhorting other accused to teach them (complainant) a lesion for taking possession of land (already cultivated by the accused). At this Sukhwinder Singh caught hold of Swaran Singh and threw him on the ground. Major Singh gave sua blow to Swaran Singh which hit on the right side of abdomen and when Swaran Singh raised death alarm and when they (complainant) came forward to rescue him, the accused fled away along-with their respective weapons. Said Swaran Singh was removed to Civil Hospital, Fatehgarh Churian, where the 2 Crl.Misc.No.541-MA of 2011 doctor declared him to be dead. Statement of the complainant put the law into motion. Investigation was initiated. After completion other formalities of investigation, challan against the accused was prepared and presented in the Court for trial.” On conclusion of investigation, final report was put in Court. Thereafter, charge sheet was framed. Prosecution was given ample opportunity to prove its case. It produced as many as 12 witnesses and also brought on record documentary evidence to bring home guilt of the accused, named above. On conclusion of prosecution’s evidence, statements of the accused were recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to them, which they denied and claimed false implication. Accused Major Singh took up a specific plea that the plot in dispute was in his possession and he used to tether his cattle in the said plot. It is further stated that in a family partition, the said land had fallen in the share of Puran Singh. The land which had fallen to the share of the deceased Swaran Singh, he had already sold the same. When Swaran Singh etc. came to take possession of the plot in dispute, an altercation took place. He stated that he has not caused any injury to the deceased. So far as other two are concerned, they have stated that they have not participated in the occurrence. Taking note of a fact that Sukhwinder Singh was about 60 years of age and Puran Singh was of 80 years of age at the time of alleged occurrence and injury caused to the accused was only one, the trial Court came to a conclusion that their participation in the occurrence is doubtful. However, by observing the facts on record, it was held that one fatal blow was caused by Major Singh, which resulted into death of Swaran Singh. 3 Crl.Misc.No.541-MA of 2011 The trial Court when given benefit of doubt to Sukhwinder Singh and Puran Singh has observed as under:- “21. Defence counsel has further argued that from the evidence on the file and from prosecution case, it is clear that accused Sukhwinder Singh was unarmed and he is old person and there is no evidence on the file regarding prior meeting of all the accused and there is no common intention. Counsel for accused Puran Singh has argued that accused Puran Singh is old aged person and he has been implicated in this case due to strained relations between complainant party and accused Puran Singh, as Puran Singh was serving in BSF and complainant party was cultivating land belonging to Puran Singh and when Puran Singh got his land back from complainant party, then complainant party was annoyed with him. Even PW1 Sucha Singh, who is nephew of Puran Singh stated in his cross-examination that he do not know, who was cultivating land belonging to Puran Singh earlier when Puran Singh was serving in BSF. Defence counsel has argued that no Panchayat was convened on 14.8.2007 and it has not been proved on the file that any settlement was arrived at in Panchayat or gathering of respectables. He has also argued that from the prosecution case and evidence on the file, it is clear that Sewa Singh was in settled possession of land and occurrence took place when deceased along with his sons had tried to take forcible possession of the land and at that time, accused Puran Singh was not present at the spot. He has no interest in said land.” 4 Crl.Misc.No.541-MA of 2011 We feel that finding arrived at qua acquittal of Sukhwinder Singh and Puran Singh is perfectly justified. Puran Singh was attributed exhortation at the time of occurrence and qua Sukhwinder Singh, it was stated that he has thrown the deceased on the ground. Beyond that, nothing has been said against both of them. Both are very old persons and it appears that they were arrayed as accused only because of some property dispute. In view of facts mentioned above, both the applications are dismissed. (Jasbir Singh) Judge 15.09.2011 (Sabina) gk Judge 5