Judgment

DUA, J.:- This appeal by special leave under Art. 136 of the Constitution of India is directed against the judgment dated May 15, 1969 of the High Court of Punjab and Haryana allowing in part the State appeal from the order of Shri Kartar Singh, Additional Sessions Judge, Jullunder, acquitting the five accused charged under Ss. 302, 302/34, 120B and 302/309, I. P. C. and convicting on appeal Trilok Singh and Pala Singh, appellants, the former under S. 302, I. P. C. and the latter under S. 302 read with S. 34, I. P. C. They were both sentenced to imprisonment for life.

2. The facts giving rise to this appeal briefly are that Atma Singh, resident of Basti Danish Mandan, Jullunder-City had purchased a plot of land measuring 58 kanals and 10 marlas in the aforesaid Basti in the year 1959 for a sum of about Rs. 16,000 from the Government at a public auction. This piece of land was at that time being cultivated by Hazara Singh, one of the five co-accused in the trial court and his associates. As they were disinclined to give up possession Atma Singh appointed Ram Singh (P. W. 14) and Sham Singh (deceased) as his attorneys to represent him in the litigation concerning the said land. These two attorneys obtained possession of the plot with the help of the police and through the intervention of the revenue authorities in June, 1963. A few days later Hazara Singh and 7 or 8 other persons including Trilok Singh son of Surain Singh, accused no. 1 and Trilok Singh son of Inder Singh, accused no. 5, threatened the two attorneys with death unless they dissociated themselves with the litigation relating to this land. Sham Singh, deceased, thereupon applied to the City Inspector of Police complaining against this threat as a result of which Hazara Singh and Trilok Singh son of Inder Singh were proceeded against under S. 107, Cr. P. C. The two attorneys, it appears, wanted to plough the land in question but were afraid of the accused persons. They approached the Superintendent of Police for help which was made available to them against payment of the prescribed fee. The land in question was actually ploughed by the attorneys in the presence of the police on June 26, 1963 when Hazara Singh, Trilok Singh son of Inder Singh and Harnam Singh, father of Pala Singh, came there armed with lathis but were apprehended. The police stayed on the land in question for about 5 or 6 days. On August 9, 1963 the crop standing on the said land was found damaged. At the instance of Ram Singh (P. W. 14) the police prosecuted Hazara Singh, his brother Tara Singh, his employee Channan and Trilok Singh son of Inder Singh, all of whom were found guilty and convicted. In November, 1963 Hazara Singh, Harnam Singh, Bulkar Singh (brother of Pala Singh) and other persons were prosecuted for ploughing the said land but were acquitted. On 15-12-1963 Hazara Singh and 17 or 18 other persons attacked Sham Singh, deceased, and Ram Singh (P. W. 14). The police proceeded against Hazara Singh, his wife Piar Kaur and his brother Mahal Singh, wife of Tara Singh, brother of Hazara Singh and Mangal Singh, brother of Trilok Singh son of surain Singh under S. 107, Cr. P. C. During the pendency of these proceedings Sham Singh, deceased, and Ram Singh (P. W. 14) were attacked by six persons including Hazara Singh, the two Trilok Singhs (Trilok Singh son of Surain Singh, accused no. 1 appellant no. 2 in this Court and Trilok Singh son of Inder accused no. 5 in the trial court) Channan Singh, Harnam Singh and Mangal Singh who were committed to the sessions court to stand their trial for an offence under Section 307 I. P. C. and other offences. Sham Singh deceased, and Ram Singh (P. W. 14) were to appear as prosecution witnesses in that case which was adjourned to June 3, 1966 because of the absence of Trilok Singh, appellant. On May 23, 1966 at about 7.30 a.m. Laxman Singh (P. W. 2) was coming from his coal depot in Basti Danishmandan, to his residential house situated in a lane in w