Bant Singh vs The State of Punjab

Mehtab S. Gill, J.—This is an appeal against the judgment/order dated 6.2.1998/ 20.2.1998 of the learned Sessions Judge, Sangrur, whereby he convicted Bant Singh u/s 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 1,000/-. In default of payment of fine to further undergo R.I. for six months.

The case of the prosecution is unfolded by the statement Ex.PF of Jasbir Kaur made to SI Surinder Pal Singh at Bus Stand Village Mullowal.

Jasbir Kaur stated, that her husband Karnail Singh and Bant Singh are real brothers. Both are residing separately. Her father-in-law Gurdev Singh, who was father of Karnail Singh and Bant Singh, was also residing separately. On 2.5.1996 at about 3.00 p.m., she went to the house of her father-in-law Gurdev Singh for feeding the cattle. Ajmer Singh son of the sister of her husband''s father, resident of Sherpur, was also present there. Her brother-in-law Bant Singh, who was armed with an axe, was quarrelling with her father-in-law. Bant Singh was asking Gurdev Singh as to why he was not transferring his (Bant Singh''s) share of land in his favour. Gurdev Singh stated, that he would not transfer the land in his favour during his (Gurdev Singh''s) life time. Bant Singh threatened Gurdev Singh, that he would teach him a lesson for not transferring the land. Thereafter, Bant Singh gave Kulhari blows to his father, which hit him, on the head, back, stomach, left leg and right arm. The handle of the axe in the process broke. Bant Singh thereafter, gave more blows with the handle of the axe on the back of Gurdev Singh. Thereafter, Bant Singh fled away with the broken axe and the handle.

The motive for the commission of the offence was that Bant Singh, the brother-in-law of the complainant, used to quarrel with his father regarding the transfer of the land of Gurdev Singh in his favour. Her Drani (sister-in-law), Harjit Kaur wife of Bant Singh, reported the matter in the Panchayat. Panchayat had settled the matter and a compromise had been effected on 2.2.1996, regarding the distribution of land. Sarpanch Balaur Singh, Jarnail Singh Panch, Bant Singh, Karnail Singh and Gurdev Singh etc. attested the compromise.

After the occurrence had taken place, Jasbir Kaur went to the fields and narrated the occurrence to her husband. On the basis of this statement, FIR Ex.PF/2 was recorded on 2.5.1996 at 6.30 p.m. The special report reached the Ilaqa Magistrate, Dhuri on 3.5.1996 at 1.30 a.m.

The prosecution to prove its case brought into the witness box Jaswinder Singh PW1, Dr. R.P. Jindal PW2, Jagdev Sharma PW3, Balaur Singh PW4, Jasbir Kaur PW5, Ajmer Singh PW6, Dewan singh PW7, SI Nahar Singh PW8, Ranjit Singh HC PW9, Constable Charanjit Singh PW10, ASI Baldev Singh PW11 and SI Surinder Pal Singh.

Learned Counsel for the appellant has argued, that there is an unexplained delay in lodging of the FIR. Occurrence had taken place on 2.5.1996 at 3.00 p.m. Police Station Sherpur is 5 K.Ms. away. It was day time, but still the complainant or Ajmer Singh PW6 or any other person from the complainant side did not inform the police. Statement Ex.PF was recorded at 6.00 p.m. at Bus Stand of Village Mullowal. The special report reached the Ilaqa Magistrate, Dhuri at 1.30 a.m. on 3.5.1996. There is a delay of 10 hours. This delay was used to introduce Ajmer Singh PW6 and also to build up a false story to implicate appellant Bant Singh.

There was no motive for Bant Singh to commit the murder of his own father, as all the land of Gurdev Singh (Deceased) had already been transferred to the two brothers i.e. Karnail Singh and appellant Bant Singh. Deceased Gurdev Singh did not have any more land. Compromise Ex.PM/1 was effected between the parties by the Panchayat, on an application filed by Harjit Kaur wife of Bant Singh. The signatories to this compromise were the Sarpanch, Panches, Harjit Kaur w/o Bant Singh and deceased Gurdev Singh. There was no dispute left between appellant Bant Singh and his father Gurdev Singh. 90 kanals of land was given in partition and both the brothers Karnail Singh and appellant Bant Singh had taken possession of the land. A separate house was given to both the brothers. Deceased Gurdev Singh also started living in a separate house.

In fact what comes out in the statement of Jasbir Kaur PW5, is that there was a dispute between deceased Gurdev Singh and Ajmer Singh PW6, his sister''s son. Ajmer Singh PW6 was wanting land from deceased Gurdev Singh, which he did not agree to. Applications to this effect were given to the police against Ajmer Singh PW6. Ajmer Singh PW6 had got arrested deceased Gurdev Singh about two/three months earlier. Both Jasbir Kaur PW5 and Ajmer Singh PW6 had joined to falsely implicate appellant Bant Singh. Ajmer Singh PW6 belonged to a different village. He in fact was not present, when the alleged occurrence had taken place.

The alleged confessional statement made by appellant Bant Singh before Dewan Singh PW7 does not inspire confidence.

Learned Counsel for the State has argued, that the motive for the commission of the offence was with appellant Bant Singh. In FIR Ex.PF/2 and statement in Court of Jasbir Kaur PW5, it comes out, that appellant Bant Singh, while quarreling with his father, was wanting a share of the land, which was left over and was still in possession of deceased Gurdev Singh. Deceased Gurdev Singh refused to give the land and stated, that he would not do so and he (Bant Singh) could take it only after his death, as he had already executed a will in favour of Karnail Singh and appellant Bant Singh.

Appellant Bant Singh apprehended, that deceased Gurdev Singh may change the will or transfer the land, which was left in his name to Karnail Singh or his nephew Ajmer Singh PW6.

There is no delay in lodging of the FIR. Occurrence had taken place on 2.5.1996 at 3.00 p.m. and FIR Ex.PF/2 came into existence on the same day at 6.30 p.m. Jasbir Kaur PW5 in her statement has stated, that she went to the fields to inform her husband Karnail Singh. This took some time. It is thereafter, that the complainant along with others, when they were going to the police station, met SI Surinder Pal singh PW12 at the Bus Stand of Village Mullowal. The special report reached the Ilaqa Magistrate, Dhuri on 3.5.1996 at 1.30 a.m.

Both Jasbir Kaur PW5 and Ajmer Singh PW6 are natural witnesses. Jasbir Kaur PW5 in her testimony before the Court has stated, that she had gone to the house of deceased Gurdev Singh, her father-in-law to feed the cattle. Ajmer Singh PW6 has also stated, that he was present. If Ajmer Singh PW6 had committed the murder or he had got Gurdev Singh murdered from some unknown persons, Jasbir Kaur PW5 and her husband Karnail Singh would have come to know and would not have falsely implicated Bant Singh. Since appellant Bant Singh had committed the murder, Jasbir Kaur PW5, the daughter-in-law of the deceased, truthfully told the police about the murder.

We have heard the learned Counsel for the parties and perused the record with their assistance.

There is no delay in recording of FIR Ex.PF/2. Occurrence had taken place on 2.5.1996 at 3.00 p.m. Thereafter, Jasbir Kaur PW5, being a lady and the daughter-in-law of the deceased, went to inform her husband Karnail Singh, who was working in the fields, about the murder. This must have taken some time. After she came back from the fields along with her husband Karnail Singh, it is thereafter that the complainant party started moving towards Police Station Sherpur to inform the police. SI Surinder Pal Singh PW12, who was standing at Bus Stand of Village Mullowal, recorded the statement of Jasbir Kaur PW5 at 6.00 p.m. FIR Ex.PF/2 came into existence at 6.30 p.m. It is thereafter, that the police came into action. The inquest report was prepared. Blood stained earth was taken into possession from the place of occurrence and other legal formalities were completed. Thereafter, the dead body of deceased Gurdev Singh was taken to the hospital. After all the legal formalities were completed, the special report was sent to the Ilaqa Magistrate, Dhuri, which reached him at 3.5.1996 at 1.30 a.m. We are of the considered opinion, that there is no delay in lodging of FIR Ex.PF/2.

Jasbir Kaur PW5 would have not spared Ajmer Singh PW6 or any other unknown person and falsely implicated Bant Singh, her brother- in-law for the murder of her father-in-law. Occurrence had taken place at day time and in the house of deceased Gurdev Singh. Ajmer Singh PW6 could not have entered the house in broad day light and then run away scot free without being noticed. She, along with Ajmer Singh PW6, has categorically stated, that appellant was armed with an axe and was quarreling with deceased Gurdev Singh to give his share of land to him. Deceased Gurdev Singh told him, that he would not give the land and Karnail Singh and appellant Bant Singh would get it only after his death. He had even executed a will in favour of both Karnail Singh and appellant Bant Singh. The testimony of this witness is truthful.

The motive for the commission of the offence squarely falls on appellant Bant Singh. In FIR Ex.PF/2, it has been stated by Jasbir Kaur PW5, that appellant Bant Singh was asking her father-in-law Gurdev Singh as to why he was not transferring his (Bant Singh''s) share of land in his favour. In her testimony before the Court, Jasbir Kaur PW5 and Ajmer Singh PW6 have stated the same, that appellant Bant Singh armed with an axe was quarreling with his father Gurdev Singh and asking him to transfer his share of land to him (Bant Singh). On deceased Gurdev Singh''s refusal to do so, appellant Bant Singh attacked him and gave him the fatal injuries.

Previously also, a dispute had arisen and compromise Ex.PM/1 was effected by the Panchayat. Balaur Singh, Sarpanch PW4 has attested to this effect. The application was given to the Panchayat by no other person than Harjit Kaur wife of appellant Bant Singh. Deceased Gurdev Singh in compromise Ex.PM/1, had given some land to both his sons Karnail Singh and Bant Singh, but kept some land for his own livelihood. It was this share, which he had kept for himself, that now appellant Bant Singh was wanting to take.

It has come in evidence of Jasbir Kaur PW5, that Ajmer Singh PW6, who was the sister''s son of deceased Gurdev Singh, was also wanting a share of land. No share was given to Ajmer Singh PW6. But this was a concern of worry for appellant Bant Singh, that deceased Gurdev Singh may give some land to Ajmer Singh PW6.

After going through the medical evidence, as spelt out by Dr. R.P. Jindal PW2, the injuries on the person of deceased Gurdev Singh, as stated by the doctor, could be inflicted with axe Ex.P1. The medical evidence corroborates the ocular account.

We do not find any infirmity in the judgment of the learned trial Court.

Appeal is dismissed.