SARAIN SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) Appellants (hereinafter to be referred to as accused) Sarain Singh, Vijay Singh, Jagtar Singh alias Jagga, Ravinder Singh alias Peter, Narotam Singh alias Bilu, Kehar Singh, Lal Singh, Omkar Singh (now dead), Vakil Singh (now dead), Pardeep Singh alias Dodho, Manohar Singh alias Tooti along with Sangroo Singh alias Makhnoo (proceeded under section 512 CrPC,) were booked in case FIR No. 31/1993 registered in Police Station, Kana Chak, Jammu for the offences punishable under sections 302, 307, 148, 149, 201 RPC and 3/25 & 4/27 of Arms Act. Vide impugned judgment rendered by learned Sessions Judge, Jammu dated 30.11.1996/07.12.1996, they stand convicted and sentenced as under:

(2.) Deceased in this case is one Kuldeep Singh son of Basant Singh. Date, time and place of occurrence is 10.02.1993, at 7.30 pm near Marjali Bus Stand FIR is lodged at 10 pm on the same day by PW Mohan Singh in Police Station Kanachak. Distance between the place of occurrence and the concerned Police Station is approximately 12 kms. Special report was received by the Illaqa Magistrate (CJM Jammu) on 12.02.1993.

(3.) The case set up by the prosecution as one finds from the investigation carried out in the present case and detailed in the report under section 173 CrPC is that on 10.02.1993, PW Sikander Singh son of Mohan Singh, an Army personnel, was coming on his annual leave from Hyderabad and boarded the Bus from Jammu for proceeding to his village Marjali. When the said Bus reached Kangrel at about 7.15 pm, accused Sarain Singh stopped the Bus and accused Jagtar Singh entered the Bus and enquired from the passengers if anybody resident of Marjali was travelling in the Bus, upon which, Sikander Singh said that he was going to Marjali. Accused Jagtar Singh thereafter got down from the Bus and the Bus proceeded towards Marjali. Accused Sarain Singh and Jagtar Singh accompanied by accused Ravinder Singh also proceeded towards Marjali on their motorcycle which was ahead of the Bus. Accused Sarain Singh stopped the motorcycle where Sikander Singh had to get down from the Bus. Along with Sikander Singh, PW Parkash Singh was also travelling in the same Bus. As soon as Sikander Singh and Parkash Singh alighted from the Bus, accused Jagtar Singh caught hold of Sikander Singh from his neck and pushed him away. Thereafter, accused Sarain Singh, who was armed with a 12 bore gun (at most of the places in evidence, it is referred to a rifle), fired a shot at Sikander Singh which hit him on the back of his head and he fell down. Accused Jagtar Singh and Sarain Singh then inflicted kicks to Sikander Singh and accused Sarain Singh also gave rifle butt blow on his face. Parkash Singh who was travelling with Sikander Singh and had alighted from the Bus along with him, ran towards the house of Sikander Singh, shouting in a loud voice, upon which, Kuldeep Singh, Chanchal Singh, Jankar Singh (known as Chaggar Singh also) and Jagdev Singh rushed to the spot. Other accused who were also armed with lethal weapons had also reached the place of occurrence. Basant Singh, his wife Shibo Devi, daughter Bimla Devi had also reached there. Kuldip Singh enquired from Sikander Singh as to what had happened and he narrated the whole episode to him. When Kuldeep Singh was crossing the road, accused Omkar Singh, who was having a torch in his hand, threw torch light on Kuldeep Singh, upon which, accused Sarain Singh fired a shot at him from his 12 bore gun, as a result of which, Kuldeep Singh received pellet injuries on his chest and fell down and died at the spot. Certain other male persons and ladies who had also reached the spot received injuries as the accused started indiscriminate firing upon the complainant side. A sum of Rs. 10,000/- was also allegedly snatched from Sikander Singh by the accused (not found to be correct during investigation). The motive projected is that the accused side was having animosity with the complainant side with regard to some land dispute.