Judgment

CHINNAPPA REDDY, J. :- Tehal Singh was convicted under Section 302, Indian Penal Code on three counts and sentenced to death by the learned Sessions Judge, Faridkot. His brothers Darshan Singh and Gurmal Singh were convicted under Section 302 read with Section 34, Indian Penal Code and sentenced to suffer imprisonment for life. Bhal Singh was also convicted under Section 27 of the Arms Act and sentenced to suffer imprisonment for three years. The convictions and sentences were confirmed by the High Court of Punjab and Haryana. Tehal Singh, Darshan Singh and Gurmel Singh have appealed to this Court by special leave. Chiman Lal and Murari Lal who were also tried with the three appellants for an offence under Section 302 read with Section 120-B of the Indian Penal Code were acquitted by the learned Sessions Judge. There was no appeal to the High Court against their acquittal.

2. The brief case of the prosecution was as follows : There was some rivalry between Chiman Lal and Murari Lal who were transport operators on one side and Prithi Singh and Harmal Singh, who were also transport operators on the other side. One 22nd August, 1976, Pirthi Singh, his brother Harmel Singh. Mithu Singh and Hardip Singh the son of Pirthi Singh a boy aged 13 years were returning to their village Giddarbaha from Hussaner in their truck. They met Darshan Singh near the outskirts of Hussaner Chowk. Pirthi Singh questioned Darshan Singh as to why he had threatened the Munshi of their Truck Union. There was an exchange of abuse, Pirthi Singh also slapped Darshan Singh. Darshan Singh left the scene in a vengeful mood. Pirthi Singh, Mithu Singh, Harmel Singh and Hardip Singh then proceeded to the premises of the agency of Parma Nand. While they were sitting there, at about 8 p.m. Chhota Singh came there and informed them that when he had gone to the agency of Chiman Lal to hire a truck, sometime earlier he had heard Chiman Lal and Murari Lal telling Tehal Singh, Darshan Singh and Gurmel Singh, that they should finish off Pirthi Singh. Within a few minutes after Chhota Singh informed Pirthi Singh and others about the conversation at Chiman Lals agency. Tehal Singh, Darshan Singh and Gurmel Singh arrived at Parma Nands agency in a truck. Tehal Singh was armed with a double-barreled gun while Darshan Singh and Gurmel Singh were armed the iron rods. Straightway Darshan Singh challenged Pirthi Singh and said he would be taught a lesson. Tehal Singh fired a shot which hit Pirthi Singh on the right shoulder, felling him to the ground. Darshan Singh beat the fallen Pirthi Singh three or four times with the iron rod which he had with him. Mithu Singh tried to intervene when Tehal Singh shot at him and killed him instantaneously. Harmel Singh came forward and he too was shot at by Tehal Singh on the right knee. He stumbled over a few paces and fell down when Darshan Singh and Gurmel Singh assaulted him with iron rods which were with them. Tehal Singh then fired a shot into the air and thereafter all the assailants drove away in their truck. Pirthi Singh and Harmel Singh who were both seriously injured were taken to the Hospital at Giddarbaha by Chhota Singh, Hardip Singh and others who had come there after the occurrence. Pirthi Singh died on the way. It was 10.15 p.m. when Harmel Singh was taken to the Hospital, Dr. Pasricha, the Medical Officer In-charge of the Hospital sent a report to the Police Post at 10.20 p.m. Kulwant Singh, Head Constable who was in-charge of the police post reached the Hospital at 10.40 p.m. and after inquiring whether Harmel Singh was in a fit condition to make a statement, he proceeded to record the statement of Harmel Singh. The statement was recorded in the presence of Dr. Pasricha who appended a certificate to the effect that the statement was recorded in his presence and that Harmel Singh was in full possession of his senses throughout. The statement was sent to the Police Station Kot Bhai where the First Information Report wa