KARTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Seven accused, namely, Kartar Singh (A -l), DilawarSingh (A -2), Manjit Singh son of Jaswant Singh (A -3), Purshotam Singh alias Lali (A -4), Manjit Singh son of Gurbachan Singh (A -5), Majinder Singh son of Jaswant Singh (A -6) and Kulvinder Singh (A -7) stood their trial for offences punishable under Sections 120 -B read with Sections 302. and ?92 of the Indian Penal Code, Sections 302 and 392 of the Indian Penal Code and Section 25 of the Indian Arms Act in the Court of Sessions Judge, Shimla in Session Trial No. 25 -S/7 of 1997/96. The learned Sessions Judge convicted A -l, A -2 and A -3 under Section 302 read with Section 34 of the Indian Penal Code and Section 392 read with Section 34 of the Indian Penal Code for the commission of murder of Assistant Sub Inspector Besar Singh and robbery of his Revolver, ammunition, golden ring and wrist watch. A -2 Dilawar Singh was also convicted under Section 25 of the Arms Act. All the three convicts were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5.00/ - each for the offence under Section 302 read with Section 34 of the Indian Penal Code and in default of payment of fine, they shall suffer simple imprisonment for further period of six months each. For offence under Section 392 read with Section 34 of the Indian Penal Code, three convicts were sentenced to suffer -rigorous imprisonment for five years and to pay a fine of Rs. 500/ - each and in default of payment of fine, they shall undergo simple imprisonment for a further period of six months each. A -2 was further sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/ - and in default thereof, he shall undergo simple imprisonment for a period of one month under Section 25 of the Arms Act The substantive sentences shall run concurrently. A -4, A -5, A -6 and A -7 were acquitted of the charges.

(2.) Three separate appeals (Criminal Appeal Nos. 409/97, 410/97 and 464/97) have been filed by the convicts in this Court and these have been taken up and heard together arising as they do out of single incident and a common judgment and order dated 29.9.1997 of the learned Sessions Judge, Shimla and they would stand disposed of by this common judgment.

(3.) We may now deal with the facts of the case briefly. A -3 and A -6 are real brothers. The} are resident of Aillage Majari, District Bilaspur, Himachal Pradesh. They had a cousin named Gurmit Singh, who had been murdered on 2.8.1993 and four persons of their own village, namely Harpal Singh, Ajmer Singh. Sukhdev Singh and Jasvir Singh were challenged for the murder of said Gurmit Singh in October 1993 and the case was committed to the Sessions Judge. Bilaspur. A -3 is employed as a constable in Himachal Pradesh Police. He alleged to have conspired with A -6 and both of them wanted to avenge the murder of their cousin Gurmit Singh. Some time in the last week of May 1995, they held a talk with A -l, who is also employed as a Head Constable in Himachal Pradesh Police, A -4, A -5 and A -7 who is also employed as constable in the Himachal Pradesh Police and A -2 a resident of Taren Taran, District Amristsar (Punjab) as to finalise their plan of taking avengence. The above -said persons told that fire -arms, especially a revolver would be needed to take the revenge and that the procurement of fire -arms was the first act which was required to be accomplished towards the achievement of the aforesaid object. All the seven accused persons then conspired to procure arms with the object of killing the murderers of Gurmit Singh. They also conspired to commit dacoities. murder and robberies in the State of Himachal Pradesh and Punjab. The conspiracy was alleged to have been hatched at a place called Dhanda, near Jutogh Cantt, Shimla.