Judgment

KHANNA, J.: - Nine accused Jagir Singh (27), Baljit Singh (36), Karan Singh (30), Amarjit Singh (38), Atma Singh (27), Chanan Singh (22), Tarlok Singh (19), Joginder Singh (22) and Swarn Singh (23) were tried in the Court of Sessions Judge Gurdaspur in connection with an occurrence which took place on July 8, 1968 in village Longowal Khurd. In the course of that occurrence Labh Singh (35), Joginder Singh (30) and Lakha Singh (25) received fatal injuries. Injuries were also received by Ajit Singh, Jarnail Singh, Mohinder Singh and Harbans Singh PWs. learned Sessions Judge convicted Jagir Singh and Baljit Singh under Section 302 Indian Penal Code on two counts for causing the death of Joginder Singh and Lakha Singh deceased and sentenced them to death on each count. The said two accused were also convicted under Section 302 read with Section 34 Indian Penal Code in connection with the murder of Labh Singh and were sentenced to undergo imprisonment for life on that account. In addition to that, the aforesaid two accused were convicted under S. 307 Indian Penal Code on four counts for the injuries caused to Mohinder Singh, Ajit Singh, Jarnail Singh and Harbans Singh PWs. and were sentenced to undergo rigorous imprisonment for a period of three years on each count. Karam Singh accused was convicted under Section 302 Indian Penal Code for causing the death of Labh Singh deceased and was sentenced to death. In connection with the death of Joginder Singh and Lakha Singh, Karam Singh was convicted under Section 302 read with Section 34 Indian Penal Code on two counts and was sentenced to undergo imprisonment for life. Karam Singh was, in addition, convicted under Section 307 read with Section 34 Indian Penal Code for injuries caused to Ajit Singh, Jarnail Singh, Mohinder Singh and Harbans Singh and was sentenced to undergo rigorous imprisonment for a period of three years on each count. The remaining six accused were acquitted by the Sessions Judge. On appeal and reference, the Punjab and Haryana High Court acquitted Jagir Singh, Baljit Singh and Karam Singh by giving them the benefit of doubt. The State of Punjab has now come up in appeal to this Court by special leave against the judgment of the High Court acquitting the above mentioned three accused respondents.

2. Out of the nine accused, Karam Singh, Amarjit Singh and Baljit Singh are brothers. Likewise, Jagir Singh, Joginder Singh and Tarlok Singh accused are brothers. Chanan Singh accused, who is a constable in the Border Security Force, and Swarn Singh accused too are brothers. Atma Singh accused is the maternal uncle of Jagir Singh. Amongst the three deceased persons, Labh Singh and Joginder Singh were brothers. Chanan Singh (PW 8) and Mohinder Singh (PW 27) are the brothers of those two deceased persons. Harbans Singh (PW 21) is brother of Lakha Singh deceased.

3. The prosecution case is that the relations between the party of the accused and that of the deceased persons were strained for about 10 or 12 years before the occurrence, and the two groups had since then been involved in a number of cross criminal cases. About two years before the occurrence, Lakha Singh deceased along with some others had caused injuries to Atma Singh and Puran Singh, uncle of Jagir Singh accused. A criminal case was on that account pending in the court of Magistrate Batala. July 8, 1968 was the date of hearing in that case and on that day Chanan Singh (PW 8) accompanied Lakha Singh to the court at Batala for pursuing that case. After the proceedings of the case were over, Chanan Singh (PW 8) come back with Lakha Singh deceased to his house in village Longowal Khurd. Longowal Khurd is at a distance of about two and-a-half miles from Batala. The house of Labh Singh deceased was at a short distance from that of Lakha Singh in Longowal Khurd. Chanan Singh (PW 8) himself lived in Longowal Kalan which is at a distance of about two-and-a-half furlongs from Longowal Khurd.

4. When Chanan Singh (PW 8