- (1.) Criminal Appeal No. 585 of 1995 is at the behest of the appellant (accused) under Section 19 of the Terrorist and Disruptive (Special Courts) Act (for short 'TADA'), against the judgment and order of conviction dated 12th November, 1988 passed by the Additional Judge, Designated Court, Ferozepur. The Designated Court, found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code for committing the murder of Gurdip Singh and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo further rigorous imprisonment for one year. The appellant was, however, acquitted under the Arms Act and TADA. The de facto complainant has also filed Criminal Appeal No. 537 of 1989 challenging the very same judgment and order of acquittal in respect of co-accused Gurtaj Singh and prayed that he be convicted under Section 302 of the Indian Penal Code and be sentenced in accordance with law.
(2.) Since both these appeals arise out of a common judgment passed by the Designated Court, they are being disposed of by this judgment.
(3.) The prosecution story as disclosed at the trial falls in a very narrow compass :- Jit Singh (PW 3) was doing some construction work at his house situated near the liquor vend in the village Bishnandi. He asked Gurdip Singh to assist him in the said work. On March 27, 1987, Gurdip Singh along with his son Gurcharan Singh (PW 2) had gone to the construction site and were sleeping on a cot. At about 11.00 p.m., Gurdip Singh woke up after hearing some noise and noticed that Nikka Singh and Gaja Singh armed with guns were coming towards the construction site. On seeing these accused, Gurdip Singh raised an alarm and asked them about their identity, whereupon the accused came towards his cot. Gurdip Singh caught hold of the rifle of Nikka Singh; whereupon, Gaja Singh another accused, exhorted him to fire. Nikka Singh snatched the gun from Gurdip Singh and fired at him from a close range causing injuries on his left jaw. Gaja Singh, thereafter caught hold of Gurcharan Singh (PW 2) by legs and threw him on the ground causing injuries to his head. On hearing the sound of the fire arm, Jit Singh (PW 3) and Harnek Singh, brothers of Gurdip Singh came to the construction site and found Gurdip Singh dead. Jit Singh (PW 3) then fired in the air through his licenced gun in his self defence. In the meantime, both the accused fled away. Gurcharan Singh (PW 2) aged about 11 or 12 years, when got up after hearing the sound of gun shot fired in the air by his uncle, saw the dead body of his father, became unconscious and fell down. However, he regained his consciousness at about 7.00 a.m. on the following day.;