Gurdial Singh vs State of Punjab

S.D. Bajaj, J.

Father of deceased Piara Singh named Bakhtawar Singh reported to the Police Station, Nawan Shahar of Jalandhar District in Punjab State vide FIR No. 121 recorded therein at 8.50 a.m. on May 1988, "Today at about 8.15 a.m. when my son Piara Singh who is a cashier in Central Cooperative Bank at Panam took his scooter bearing No. JPD 1155 from the house in order to go to Panam as usual, Baldev Singh Sarpanch who was preparing the Bair (rope) for the Kup in the lane gave a signal immediately to his son Swaran Singh who went to the house of Dial Singh son of Nishan Singh and from where Dial Singh and Swaran Singh went towards the well of Kishan Singh and Piara Singh Lundian on the cycle hurriedly. In the meantime Piara Singh also proceeded to Panam on his scooter. On seeing the suspicious and unnatural acts of Baldev Singh Sarpanch party I also followed them in order to watch their moments. It was about 8.24 a.m. On the main road at Sahlon and Shakohpur in the drain of Baswia, I found Dial Singh standing in the company of two other Sikh youngmen who had covered their bodies. Out of them one appeared to be from the brother hood of Dial Singh viz. Bhai Raghbir Singh alias Bhira terrorist. When Piara Singh reached near them both the young Sikh persons, stopped Piara Singh at the instance of Dial Singh and at the point of small rifles and immediately fired shots at him and as sequel to which Piara Singh died at the spot. The cause of grade is that in the year 1983 Baldev Singh Sarpanch, Gian Singh son of Malook Singh, Tarsem Singh and Sadhu Singh sons of Maha Singh, residents of the village were challaned for causing me injuries and the party men of Sarpanch had been convicted for the same. Again on 7.9.1987 the party men of Sarpanch had caused injuries to me and my brother Dilbagh Singh. On account of which Baldev Singh Sarpanch, his sons Swaran Singh and Rajinder Singh and his nephew Satgnam Singh son of Bakhtawar Singh were challaned. In this case the police had also challenge us, which is pending in the Court. In this case the police had also challaned us, which is pending in the Court. On account of this gridge Baldev Singh Sarpanch, his sons Swaran Singh, Dial Singh and Kishan Singh having connived and conspired with Bhjira Terrorist Group, who is close to them, have committed the murder of my son Piara Singh. After committing the murder the assailants had run away from the spot with the scooter of my son bearing No. PUD 1155. The keys of the Bank, papers and some cash were lying in the scooter. While going the accused have also taken the wrist watch `Electronic Sargo'' make of my son with them. I rushed to the spot while raising an alarm. Thereafter on receipt of information my brothers Captain Bachittar Singh and Dilbagh Singh etc. arrived at the place of occurrence. Captain Bachittar Singh and I have seen empty cartridges lying on the place of occurrence. These empty cartridges are of AK 47 (rifle). After leaving my brothers at the spot, I have come to lodge a report in the company of my nephew Kuldeep Singh son of Bachittar Singh. Action may be taken." Special report of the occurrence reached the learned Illaqa Magistrate at 10.00 a.m. on the same day.

Terrorists named Paramjit Singh and Raghbir Singh actually responsible for the killing were declared proclaimed offenders on September 22, 1988. Challan against the conspirators was filed in court on April 22, 1989. All the three of them were charged by the learned trial Court for the commission of offences under Sections 120B and 302 read with Section 120B of the Indian Penal Code. All the three of them pleaded `not guilty'' thereto and claimed to be tried.

Vide its impugned judgment dated June 15, 1989 learned trial acquitted two out of the three conspirators named Baldev Singh Sarpanch and Swaran Singh. Third one named Gurdial Singh alone was convinced by it of the commission of the offences with which he stood charged and sentenced to undergo imprisonment for life and pay Rs. 1000/ as fine for his conviction under Section 302 read with Section 120B of the Indian Penal Code. In default of payment of fine convicted accused Gurdial Singh was ordered to undergo rigorous imprisonment for a further period of one year. For his conviction under Section 120B of the Indian Penal Code, the accused was awarded rigorous imprisonment for a period of seven years and fined Rs. 500/. In default of payment of fine, the accused was ordered to undergo rigorous imprisonment for a further period of six months. Substantive sentences of imprisonment awarded to the accused on both these counts were, however, ordered to run concurrently.

Feeling aggrieved therefrom, Gurdial Singh has filed Criminal Appeal No. 263DB of 1989 in this Court. Bakhtawar Singh father of the deceased has also filed Criminal Revision No. 107 of 1990 for reversal of the acquittal of the two out of the three accused which was ordered to be heard along with the criminal appeal filed by the convicted accused. Since the appeal and revision are both directed against the same impugned judgment of the learned trial Court and involve common questions of law and fact for determination, both these have been heard and are being disposed of together.

We have heard Shri Chattar Singh, Advocate, with Shri Tarsem Singh, Advocate, for the appellant, Shri S.K. Sharma, DAG Punjab for the State assisted by Shri J.S. Wasu, Senior Advocate with Shri C.L. Sharma, Advocate, for the complainant party and have perused the relevant record very carefully.

To substantiate the charge of conspiracy as also of murder in pursuance of it, the prosecution has examined Bakhtawar Singh PW3 who states, "Piara Singh deceased was my son. Baldev Singh accused now present in Court in Sarpanch of our village. Swaran Singh accused is the son of Baldev Singh. Dial Singh accused is from their brotherhood. Raghbir SIngh alias Bhira was neighbour of Dial Singh accused. Harjinder Singh is another son of Gurdev Singh accused. Satnam Singh son of Bakhtawar Singh is that nephew of Baldev Singh accused.

My son Piara Singh was employed as Cashier in the Central Cooperative Bank at Panam. He had his residence in the village and he used to go to his duty daily from the village. He used to leave the house at about 8.15 a.m. On 10.5.1988 Piara Singh emerged from the house as per routine for going to the place of his work. Piara Singh had a scooter as his conveyance for going to his place of work and scooter carries registration No. PJU 1155. It was standing in the door way of my house. Baldev Singh accused at that moment was preparing rope. On seeing my son coming out of the house Baldev Singh Sarpanch gave signal to his son Swaran Singh. On receiving the signal from his father swaran Singh accused proceeded to the house of Dial Singh accused. Swaran Singh and Dial Singh had left on their cycle towards the tubewell of Makhan Singh Lambardar. In the meantime Piara Singh left on his scooter towards Behram. I followed Swaran Singh and Dial Singh on cycle to watch their movements sine the accused had about two months earlier spread a rumour that Piara Singh had received letters from the terrorists that he will be eliminated as he was a police tout. On the main road at Sahlon and Shakohpur drain I found Dial Singh and Swaran Singh accused present in the company of two Sikh youths and out of these young boys one resembled Raghbir Singh alias Bhira extremist. When Piara Singh reached near these persons. Dial Singh gave a signal and Swaran Singh and two young Sikhs accompanying them be locked the way of Piara Singh and those two persons started firing from the rifles they were carrying. Piara Singh fell on the ground on receiving the injuries and had died as a result of those injuries. Those two Sikh boys took away the scooter of Piara Singh in which he was carrying the papers and keys of the Bank. They also removed the wrist watch and some cash and also removed press which Piara Singh was carrying for repair. On account of this shock I had got confused and cannot say in which direction those persons had run away. I found that my son had died." In crossexamination the witness states, "when inquest report was prepared, Dilbag Singh, Kuldip Singh and Bachittar Singh were also present. Tota Singh and Dial Singh PWs had come to the spot but I cannot fix the time of their arrival". It would thus appear that the allegations levelled by the witness against accused Gurdial Singh are :

i) that Gurdial Singh is a neighbour of Raghbir Singh alias Bhiradeclared proclaimed offender by the learned trial Court;

ii) that Gurdial Singh belongs to the brotherhood of Baldev Singh Sarpanch and his son Swaran Singh both arrayed as coaccused with him; and

iii) that the two terrorists and Swaran Singh coaccused blocked the way of Piara Singh (now deceased) and the two terrorists killed him (Piara Singh) on getting a signal from Gurdial Singh.

Being a neighbour of the terrorist named Raghbir Singh @ Bhira and belonging to the brotherhood of Sarpanch Baldev Singh and his son Swaran Singh perse does not constitute any offence; much less criminal. The only thing to be looked into in this case is whether Gurdial Singh gave any signal to Swaran Singh and the two terrorists declared as proclaimed offenders to block the way of Piara Singh and then kill him. Swaran Singh has since been acquitted of the charge of conspiracy as also murder in pursuance of it. Even the third accused Baldev Singh father of Swaran Singh has also been acquitted. Terrorists responsible for killing are both not facing trial as yet. It surpasses our comprehension as to who received the signal of Gurdial Singh and reacted thereto by committing the murder of the deceased and could Gurdial Singh alone be convicted of conspiracy and if so of conspiracy with whom. Faced with identically the similar situation in Topandas v. State of Bombay, AIR 1956 Supreme Court 33 their Lordships of the Supreme Court, observed, "Criminal conspiracy has been defined in Section 120A, Penal Code;

"When two or more persons agree to do or cause to be done (i) as an illegal Act, or (ii) an act which is not illegal by illegal means such an agreement is designed a criminal conspiracy."

By the terms of the definition itself, there ought to be two or more persons who must be parties to such an agreement and it is trite to say that owner person alone can never be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself. If, therefore, 4 named individuals were charged with having committed the offence under Section 120B, Penal Code, and if three out of these 4 were acquitted of the charge, the remaining accused, who was the accused No. 1 in the case before us, could never be held guilty of the offence of criminal conspiracy.

The position in law is, therefore, clear that on the charge as it was framed against the accused Nos. 1, 2, 3 and 4 in this case, the accused No. 1 could not be convicted of the offence under Section 120B, Penal Code, when his alleged coconspriactors accused 2, 3 and 4 were acquitted of that offence. In terms of the guidelines aforesaid the finding returned by the learned trial Court against accused Gurdial Singh on the charge of conspiracy is reversed.

Basis for the charge under Section 302 read with Section 120B of the Indian Penal Code against conspiracy convicted accused Gurdial Singh is the accusation of conspiracy aforesaid. Basis having been knocked out, the finding of guilty returned by the learned trial Court against him on this score is also set aside. Sentence awarded to the accused on both these counts is also vacated. In result Crl. Appeal No. 263DB of 1989 succeeds and is allowed. Accused Gurdial Singh is acquitted. The accused is on bail. Bail bond furnished by his surety and personal bond furnished by the accused himself shall both stand discharged.

In this view of the matter Criminal Revision No. 107 of 1990 is rendered wholly without merit and is consequently dismissed.

JUDGMENT accordingly.