KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present case illustrates as to how sometimes heinous crimes are committed on trivial and insignificant issues. Appellant Kulwant Singh belonging to a disciplined police force being a Special Officer is stated to have killed his colleague Rupinder Singh on 20th of November, 1993 at 6.30 P.M. During the day time on the same day altercation had taken place between the two on wearing clothes of one another. Kulwant Singh was charged under Secttion 302 of the Indian Penal Code and Sections 24/54/59 of the Arms Act and on resultant trial was ordered to undergo R.I. for life and to pay a fine of Rs. 2,000/- in default whereof he was further ordered to undergo R.I. for one month under Section 302 of the Indian Penal Code vide order of conviction and sentence recorded by the Additional Sessions Judge, Kapurthala on Ist of September, 1994. It is against this order of conviction and sentence that Kulwant Singh has filed the present appeal.

(2.) THE F.I.R. with regard to murder of Rupinder Singh came to be recorded on 20th of November, 1993 at 8.30 P.M. under Section 302 of the Indian Penal Code and Sections 25/54/59 of the Arms Act at Police Station Bholath. It was recorded on receipt of Ruqa which was sent by Sukhdeep Singh A.S.I. and was carried by Constable Malkiat Singh SPO No. 40-R to the police station for registration of the case. ASI Sukhdeep Singh mentioned in his ruqa that on eventful day i.e. 20th of November, 1993, he along-with SPO Rupinder Singh and SPO Amrik Singh after patrolling the area of Chowki Bhatha reached Chowk Bajaj Bhatha Bhatnura at the Naka on a bullet-proof tractor at 6.30 P.M. where Head Constable Balkar Singh along-with Constable Balwant Singh, SPO Kulwant Singh and PHG Sewa Singh were already holding a Naka. After alighting from the Bullet Proof tractor along-with his companions, he asked SPO Rupinder Singh to call Balkar Singh to come to him. At this stage SPO Rupinder Singh went to call Head Constable Balkar Singh. Then, within his sight as also that of the officials present at Naka, SPO Kulwant Singh fired two shots with his .303 rifle at SPO Rupinder Singh. One shot hit Rupinder Singh SPO on his back and the second on his neck. On receiving fire shot injuries, SPO Rupinder Singh fell on the ground and died at the spot. He and Head Constable Balkar Singh caught hold of SPO Kulwant Singh alongwith ammunition immediately. On unloading his rifle, one empty cartridge and three live cartridges of 3 x 3 were recovered and one empty cartridge was found lying on the ground at the spot. Rifle bearing No. 120, Body No. 35723 and two empty cartridges of 3 x 3 were converted into separate parcels and sealed with his seal bearing letters S.S. along with three cartridges recovered from the magzine and 20 cartridges of 3 x 3 contained in the bandolier were taken into possession vide a separate memo and seal after use was handed over the Head Constable Balkar Singh. The cause of grudge as stated in the ruqa was that today at day time an altercation had taken place between both of them i.e. appellant and the deceased on wearing clothes of one another. After preparing his ruqa, Rupinder Singh sent the same through Constable Malkiat Singh SPO to Police Station for registration of the case. The record of case reveals that whereas occurrence leading to the death of Rupinder Singh took place at about 6.30 P.M. on 20th of November, 1993 at village Bhatha Bhatnura stated to be at a distance of 6 Kms from the police Station Bholath, F.l.R. came to be registered at Police Station on 20th November, 1993 at 8.30 P.M. Special Report with regard to the incident reached the Ilaga Magistrate at Kapurthala on the same day i.e. 20th of November, 1993.

(3.) THE appellant when examined under Section 313 of the Code of Criminal Procedure while denying incriminating material put to him further stated that all the allegations made against him were false. In fact he had objected to Balkar Singh Head Constable and other police officials for their indulging in criminal activities who used to forcibly extract money from public. On the day of occurrence when he remarked that as ASI was not listening to him he would appear before the S.S.P., he was assaulted by Balkar Sigh and other police officials and the shots fired at him by Sewa Singh accidentally hit the deceased as he got aside. He further stated that a false case has been registered against him to save the police officials. In defence he examined Skatar Singh MHC, Police Station Bholath as DW-1. He stated that there was no entry in the daily diary about the occurrence of this case at Police Post Bhatha Bhatnura. He also stated that there was no entry of the quarrel of the appellant with any other official. There was no other daily diary maintained at the police post. However, in cross-examination he stated that the diary he had brought was maintained at the police post to note down the presence of the officials posted there and of their movements. As per report No. 11 of 20th of November, 1993 at 4.05 P.M. the appellant Balkar Singh HC, Balwant Singh Constable and Sewa Singh employee of Punjab Home Guards were deputed for the purpose of Nanak at Chowk of Bhatha Bajaj (Bhatha Bhatnura). On that day as per report No. 10 Sukhdeep Singh ASI Incharge of the police post along with other officials had left the police post for patrolling. The entries with regard to registration of the crime are made in the daily diary maintained at Police Station Bholath. Arms and ammunition was also disbursed to the officials in the police station.