- (1.) This judgment will dispose of Criminal Appeal No. 1198 of 2007 and Special Leave Petition (Crl.) No. 5580 of 2008. The facts have been taken from Criminal Appeal No. 1198 of 2007.
(2.) At about 9 p.m. on the 26th December 1991 Naranjan Singh PW-2 son of Jaswant Singh deceased a resident of village Vinjwan was in his house along with his father when there was a knock at the door. Naranjan Singh and his father, who happened to be the Sarpanch of the village, thereupon opened the door. Two Sikh youth, who were subsequently identified as the appellants herein, Sukhbir Singh and Dilbagh Singh, were standing outside carrying AK-47 rifles. They told Jaswant Singh that he was raising an unnecessary dispute with regard to the school land, part of which under the possession of Mohanjit Singh, Amir Singh and Bhupender Singh sons of Harbans Singh (all accused). Jaswant Singh answered that he alone was not the deciding factor and the other members of the Panchayat and the Lambardar be also called. Jaswant Singh was then taken towards the house of Mohinder Singh Lambardar, by the two appellants followed by Naranjan Singh. Mohinder Singh too was called out of his house and the entire group then went on to the house of Hardev Singh, Member Panchayat. Hardev Singh too was called out and the appellants told them that the dispute should be settled then and there. They also took Jaswant Singh, Lambardar Mohinder Singh and Member, Panchayat Hardev Singh towards the side of the school outside the village again followed by Naranjan Singh. The three were thereafter told to sit on the ground whereupon one of the appellants went to call Harbans Singh appellant. He returned about 5/6 minutes later accompanied by Harbans Singh and directed Jaswant Singh to stand up and after telling him that he alone was not permitting Harbans Singh and his family to live peacefully and that he was attempting to construct a school building over his land, they fired a burst each from their rifles killing Jaswant Singh on the spot. Naranjan Singh then ran away but returned after some time and seeing his father's dead body, left for the police station. He, however, came across a police party at about 4.45 a.m. on the canal bridge near village Taragarh and made a statement to Inspector Jarnail Singh PW-8 and on its basis an FIR was registered at Police Station, Sadar Batala. The Special Report was delivered to the Magistrate in Batala itself at 6.30 a.m. In the FIR, Naranjan Singh stated that two Sikh youth who had killed his father were militants 25-30 years of age, of medium build, wearing kurta pajamas and that he could identify them, if confronted. He further stated that he suspected that Harbans Singh and his sons Mohanjit Singh, Amir Singh and Bhupender Singh had entered into a conspiracy along with the appellants to commit the murder. Harbans Singh and his three sons were arrested soon after the incident but Sukhbir Singh and Dilbagh Singh were arrested on the 21st May 1992 by Sub-Inspector Pyara Singh. On the completion of the investigation, all the accused were brought to trial for offences punishable under section 302 read with Section 149 and 120-B of the IPC.
(3.) The prosecution in support of its case placed reliance on the evidence of Sukhdip Singh PW-1, the doctor who had carried out the post-mortem on the dead body, Naranjan Singh PW-2, Mohinder Singh Lambardar PW-3 who too supported the prosecution story and further stated that he had seen Harbans Singh and his sons talking to one of the appellants, and PW-8 Sub-Inspector Jarnail Singh who had recorded the statement of Naranjan Singh near the canal minor bridge and which had led to the registration of the formal FIR.;