While reducing the period of imprisonment, the court took into consideration the advancing age of the main convict, Gurdial Singh, who is now 85 years, besides the fact that they had no real motive of murdering the victim, Buta Singh.
The Supreme Court has held two elderly persons and a 35-year-old man guilty of killing their neighbour over a petty issue in Punjab more than 15 years ago.
A three-judge bench of Justice HS Bedi, Justice P Sathasivam and Justice CK Prasad, however, converted the conviction for murder (302 IPC) to that of culpable homicide not amounting to murder (304-Part 1) and reduced the punishment to five years to the convicts.
While reducing the period of imprisonment, the court took into consideration the advancing age of the main convict, Gurdial Singh, who is now 85 years, besides the fact that they had no real motive of murdering the victim, Buta Singh.
It was the prosecution's case that the appellants --Gurdial, his brother Bakshish Singh (70), and an accomplice Darshan Singh on September 10, 1995 attacked their neighbour Buta Singh and his family members -- Gurmeet Singh, Chint Kaur, Mohinder Kaur and Kulwinder Kaur with a 'gandasi' (axe).
Buta died in the attack while the others sustained injuries.
The motive behind the attack was said to be diversion of a drainage line by Gurdial despite the fact that Buta had obtained an injunction against the move from a court.
A sessions court sentenced the three accused to life imprisonment and the Punjab and Haryana High Court dismissed the appeal, following which they appealed in the apex court.
The apex court rejected the plea of the convicts that they were innocent and falsely implicated.
"We are of the opinion that no fault can be found with the conviction of the appellants in the light of the fact that the prosecution story rests on the evidence of three injured witnesses.
"We, however, see that the weapons used were in fact implements of common use which are normally carried by villagers all over India and they do not reflect any prior intention on the part of the accused to commit murder. It also appears that Gurdial Singh had used the Gandasi from its blunt side as would be clear from the evidence of the doctor," Justice Bedi observed writing the judgement.
The apex court said if the convicts had intended to murder Buta Singh, there was nothing to stop Gurdial from using the axe from its sharp side as that would have made it a more effective weapon.
"We are, therefore, of the opinion that the appellants are liable for the offence under Section 304 Part I read with Section 34 of the IPC. We are told by the learned counsel that they have already undergone about 5 years of the sentence.
"In the light of this fact, and keeping in view the age factor of Gurdial Singh in particular, we feel that the ends of justice would be met if the appellants are imposed a sentence of 5 years RI, under Section 304 Part I read with Section 34 IPC (common intention), the other parts of the sentence being maintained as it is. With this modification in the impugned judgements, the appeals are dismissed," the bench said in its judgement.
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