Judgement

KHANNA, J.:- Pargat Sinha (31) of village Taraori was convicted by learned Sessions Judge Karnal under Section 302 Indian Penal Code and was sentenced to death. Gurdial Sinha (35) of village Ramana was also tried along with Pargat Sinha and was convicted under Section 302 read with Sec.34 Indian Penal code. He too was sentenced to death. On appeal and reference the Punjab and Haryana High Court set aside the conviction of both the accused and acquitted them. The State of Haryana has filed these appeals against the acquittal of the two accused by special leave.

2. The prosecution also filed charge sheet against Gurdial Singh of village Taraori, a brother of Pargat Singh accused, but as he was found to be insane, the committing magistrate directed that his case be separated and a separate challan be filed against him. The said Gurdial Singh of village Taraori was, in the meanwhile, directed to be sent to the hospital for his treatment.

3. The prosecution case is that Avtar Kaur (PW 3) was married about 33 years ago to Gurinder Singh of village Shamgarh. Gurinder Singh was one of the biggest landlords of Karnal district and belonged to a family of Chiefs. About four years after the marriage, Lal Singh, who was aged 65 or 70 years at the time of the present occurrence, was brought by Gurinder Singh to reside with him in Shamgarh Lal Singh was previously in the service of the mother of Avtar Kaur. Lal Singh was respected like a Guru and was known as Dadaji Gurinder Singh used to consult Lal Singh deceased with regard to his affairs and generally acted upon the advice of Lal Singh. When a ceiling on lands was imposed, Gurinder Singh, with a view to save some land and prevent its being declared surplus, transformed 23 acres of land situated in village Taraori to Pargat Singh accused and an equal area of land in that village to Gurdial Singh brother of Pargat Singh. Pargat Singh and Gurdial Singh were sons of Sher Singh maternal uncle of Gurinder Singh and used to reside with him. After the land had been transferred by Gurinder Singh to Pargat Singh and Gurdial Singh, they shifted to village Taraori which is at a distance of about 4 miles from Shamgarh. They however, used to visit Shamgarh off and on.

4. Gurinder Singh died a few months before the present occurrence. He was survived by his widow Avtar Kaur and three sons Daljit Singh, Gurjeet Singh and Sukhjeet Singh and two daughters Sukhjiwan Kaur and Harjiwan Kaur Sukhjeet Singh and Harjiwan Kaur were the only two unmarried children. Sukhjeet Singh was a student of Doon School Dehra Dun while Harjiwan Kaur was studying in another school in Dehra Dun. Both of them were present in their house at Shamgarh during the days of the present occurrence having come there during winter vacation. The house is also described during the course of evidence as a fort Daljit Singh and Gurjeet Singh also used to live in that house. Sukhjiwan Kaur too was present there on the night of occurrence.

5. After the death of Gurinder Singh. Avtar Kaur used to consult Lal Singh in every matter. Gurinder Singh at the time of his death was constructing a cold storage. One chamber of the cold storage had been completed during the lifetime of Gurinder Singh, while the other chamber yet remained to be completed some money was required by Avtar Kaur in that connection. Lal Singh deceased accordingly called Pargat Singh accused about 15 days before the present occurrence and told him that as Gurinder Singh had given to him and his brother land worth rupees two lakhs, they should help Avtar Kaur when she was in need of money Pargat Singh accused then stated that he had nothing to do with that. He also abused Lal Singh and told him that he was nobody to demand the money. Lal Singh deceased then threatended Pargat Singh that he would get a suit filed through Sukhjeet Singh, who had recently become major, in respect of the land which had been given to pragat Singh and his brother Gurdial Singh.

6. Daljit Singh elde