RUMA PAL, - (1.) THESE appeals have been preferred from the decision of the Punjab and Haryana High Court holding the appellants guilty under Section 302 and Section 302/34 of the Indian Penal Code (IPC) in connection with the death of Shamsher Singh and Amar Singh. The Additional Sessions Judge, Ludhiana as well as the High Court accepted the case of the prosecution and found the guilt of the appellants was established beyond reasonable doubt.
(2.) THE case of the prosecution was that on 24/04/1986 at about 7.30 p.m., Karnail Singh (PW 3) was driving a Car with Gurmel Singh (PW 4) sitting next to him and Shamsher Singh and Amar Singh seated in the rear. All of them had been to village Bharthala to inquire about 'purbias' (labourers) from Dilbagh Singh. THEy did not find Dilbagh Singh nor any 'purbia' and were on their way back to Samrala when a truck started continuously blowing its horn behind the car. Shamsher Singh asked PW 3 to stop the car which PW 3 did. Shamsher Singh got down from the car and started looking at the truck to identify who the driver was. Jagjit Singh who was driving the truck, brought the truck along side the car. Jagjit Singh's son Mittar Pal (also known as Lovely) and Swaran Singh were seated next to Jagjit Singh in the front cabin of the truck. Swaran Singh opened the left window of the truck and shot Shamsher Singh in the chest with his 12 Bore Double Barrel Gun. Shamsher Singh died on the spot. On hearing the shot, Amar Singh got down from the car and went to the back of the truck. Then Jagjit Singh, his son Lovely as well as on Amrik Singh got out of the truck. Jagjit Singh fired at Amar Singh hitting Amar Singh in the chest. Amrik Singh told Jagjit Singh to fire more shots at Amar Singh. Whereupon Lovely took the 12 Bore Double Barrel Gun from Jagjit Singh and fired two more shots at Amar Singh, one of which hit Amar Singh in the neck and the other in the stomach. The assailants fired more shots at Amar Singh, Amar Singh died on the spot. While the assailants were firing shots, Satish Kumar, who got down from back of the truck also received a shot. PW 3 and PW 4 both raised an alarm whereupon the assailants fled away firing shots in the air as they ran. The motive for the crime alleged by the prosecution was that Swaran Singh's truck had been de-listed from the Truck Union of Samrala by Shamsher Singh who was the President of the Truck Union, Samrala. It was also alleged that there was rivalry between Jagjit Singh and Shamsher Singh because of the forthcoming elections to the Presidents' Office of the truck union which was to be held about a week later.
(3.) ON 24/04/1986 at 9.30 p.m. Karnail Singh (PW 3) lodged a First Information Report at the Police Station, Samrala. SI Karnail Singh, S.H.O. P.S. Samrala (PW 5) went to the site and took possession of the truck, the car, the registration papers, the blood stained earth from near the dead bodies of the deceased, two empty cartridges from the cabin of the truck and four empty cartridges from near the dead body of Amar Singh. According to the PW 5 he found Satish Kumar who had been wounded at the spot and sent him to the Civil Hospital, Samrala. He then prepared an inquest report and sent the dead bodies for post mortem to the Civil Hospital, Samrala. As far as Shamsher Singh was concerned the post mortem was performed at 10.30 a.m. on 25/04/1986. The post mortem of Amar Singh was done the same day at 12.40 p.m. Both post mortems had been performed by Dr. Rajiv Bhalla, Medical Officer, Civil Hospital, Samrala (PW 1). According to the post mortem report Shamsher Singh had the following injuries :- "There was a wound 2 cms. in diameter on the right side of the chest with corresponding injury on the shirt and banian. The margins were blackened and rolled inwards with clots present. The wound was present in the 2nd and 3rd intercostal space in the mid clavicular line. The remnant of cartridge and pellets were removed from the wound and sealed". ;