IMPORTANT POINTS
Evidence of a relative cannot be discarded merely he is an interested witness.
A relative, if natural witness, cannot be termed as interested witness.
Evidence of interested witness is not infirm.
Killing the deceased by giving two blows by lethal weapon, on exhortation attracts section 302 IPC.

JUDGMENT

S.A. BOBDE, J.

1. This appeal has been preferred by the accused Gurjit Singh alias Gora and Surjit Singh alias Sukha, from the Judgment of the High Court of Punjab and Haryana at Chandigarh, convicting the appellants – accused under Section 302 read with Section 34 of the Indian Penal Code [hereinafter referred to as “IPC”] for the murder of Jagsir Singh on 17.10.1998 at about 2.15 pm at village Ganga (Dabwali), District Sirsa, Haryana.

The relationship between the parties is as follows:  

         MIYAN SINGH

      GURDIAL SINGH    MUKHTIAR

      X     SINGH

SURJIT KAUR

      GURJIT SINGH    SURJIT SINGH ALIAS SUKHA    JAGSIR SINGH       MANDER SINGH

       ALIAS GORA      X    X    X    

    KULDEEP KAUR SUKHWINDER KUER     PARAMJIT KAUR

2. According to the prosecution, on 17.10.1998 at about 2.15 p.m., Jagsir Singh left his home to go to a shop for purchasing Zarda (chewing tobacco). His house was adjacent to the house of the accused. Soon thereafter, his brother Mander Singh (PW13), his wife Sukhwinder Kaur (PW14) and Paramjit Kaur heard hot words being exchanged between Jagsir Singh (deceased) and the accused. Mander Singh along with Sukhwinder Kaur went out of their house to see as to what had happened. They saw that the accused had surrounded Jagsir Singh. Accused Gurjit and Surjit were armed with ‘kassis’ (spades) whereas Gurdial Singh, the father of the accused and Surjit Kaur, their mother, were unarmed. Gurdial Singh and Surjit Kaur exhorted Gurjit and Surjit that Jagsir Singh be taught a lesson for bringing the ‘Kanungo’ (revenue inspector) to the village for demarcation of their property. Gurjit then struck Jagsir Singh on the back of his head with a ‘kassi’, causing him to fall. Thereafter, Surjit also struck Jagsir Singh on his face with a ‘kassi.’ Accused Surjit Kaur then dragged Jagsir Singh towards the village lane.

3. As per the prosecution, Mander Singh (PW13), the brother of the deceased and Sukhwinder Kaur (PW14) had been restrained by the accused Gurdial Singh and his wife Surjit Kaur from approaching the site where Jagsir Singh had been cornered by the accused brothers. Mander Singh and Sukhwinder Kaur made frantic calls for help, thereby attracting many people from the locality to the scene of the incident. The accused escaped from the scene with their weapons.

4. Jagsir Singh was immediately removed to the Community Health Centre, Dabwali. The doctor there provided first aid and referred him to the General Hospital at Sirsa, which is at a distance of about 60 Kms, where he was declared as brought dead.

5. After completion of investigation, a report under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) was presented in court. The accused were charged under Sections 302 and 341 read with Section 34 of the IPC. An autopsy was conducted by Dr. Jagdish Choudhary (PW4) along with Dr. Yogesh Sangwan. At the trial, the prosecution examined 15 witnesses including Mander Singh (PW13), brother of Jagsir Singh (deceased) and Sukhwinder Kaur (PW14), widow of the deceased. After the closure of the prosecution evidence, statements of the accused were recorded under Section 313 Cr.P.C., in which they denied the allegations and pleaded false implication. The accused examined Kuldeep Kaur (DW1) and Dr. Bhushan Garg (DW2) in their defence.

6. The two parties are related by blood. Gurdial Singh and Mukhtiar Singh, are sons of one Miyan Singh. Mukhtiar Singh is father of deceased Jagsir Singh. The two brothers were owners in possession of 2/3 share of total land measuring 157 Kanals and 19 Marlas situated in the revenue estate of village Ganga, Tehsil Dabwali, District Sirsa. The sons of Mukhtiar Singh i.e. the complainant party, believed that their uncle Gurdial Singh and his sons i.e. the accused party, had encroached upon their land. They had therefore moved an application for demarcation of the property. The accused were not in agreement with the course adopt