S. B. Sinha, J. - (1.) This appeal is directed against the judgment and order dated 14.12.2006 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 298-DB of 2006 affirming the judgment and order dated 30.3.2006 passed by the Additional Sessions Judge, Jalandhar convicting the appellant herein for commission of an offence under Section 302 read with Section 120-B of the Indian Penal Code (for short, "IPC") and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 5000/-, and in default of payment of fine, to further undergo rigorous imprisonment for six months.
(2.) Appellant-Baldev Singh and Pritam Singh (the deceased) were brothers. Both were Non Resident Indians (N.R.I.). A civil suit was filed by the deceased-Pritam Singh against his nephew Harbhinder Singh, Tehal Singh and his brother Baldev Singh seeking declaration that the sale deed executed on 21st October, 1997 on the basis of a Power of Attorney dated 15th October, 1990 is null and void as it was allegedly forged and fabricated. On or about 17.2.2001 at about 11.00 a.m., when Pritam Singh was making preparation to leave his house in Paragpur for Jalandhar (Punjab, he was killed at his residence. The said incident was allegedly witnessed by Nath Ram (P.W. 25, who was a servant of Pritam Singh for last 40 years and Parminder @ Bittu, the driver of the deceased. A First Information Report ("FIR"for short) was lodged marked as FIR No. 131 of 2001 on 17.2.2001 at about 1.40 p.m. by P.W. 25, wherein he stated : "Since last forty years, I have been working as Servant with Pritam Singh, resident of Pragpur. Pritam Singh is an NRI who is residing in England. He has kothi and land in village Pragpur. I look after it and Pritam Singh also visits the place. Pritam Singh has been living in his kothi at Pragpur for the last about 5-6 years. Whenever in the morning, Pritam Singh used to go out in car, then after his crossing I used to close the gate from inside. Today, at about 11 a.m., Pritam Singh after taking meals got ready to go to Jalandhar and I also came out from the Kothi. Parminder Singh @ Bittu driver was standing outside, who also accompanied us. In the meanwhile two youngmen came inside through main gate and came to us. One of these youngmen was clean shaven who had covered himself with thin blanket (loi). He was having good height, wheatish complexion and putting helmet on his head. The second one was a Sikh having wheatish complexion wearing turban on his head and having beard. Clean shaven person took out small double barrel gun .12 bore from loi wrapped by him and fired a shot at Pritam Singh. Then Pritam Singh saved himself cleverly and went inside. Both these youngmen chased Pritam Singh and went inside through Kainchi gate. Then clean shaven person fired another shot at Pritam Singh, which hit on the right side of the back of Pritam Singh as a result of which, Pritam Singh fell down straight on the floor and blood started oozing from back and chest. Both these youngmen ran away together with their arms and ammunition through main gate. We both saw Pritam Singh. The abdomen of Pritam Singh was ruptured and he had died. Parminder Singh driver and I have witnessed this occurrence. The cause of grudge is that a dispute between both real brothers Pritam Singh and Baldev Singh regarding Kothi and land is pending in the Court at Jalandhar, which was fixed for hearing on yesterday i.e. 15.2.2001 (sic 16.2.2001). In the year 1988, Baldev Singh along with his sons, son-in-law and other persons duly armed with ammunition had tried to take possession of kothi and land. Baldev Singh and his accomplices had fired shots and Gurmej Singh of Pritam Singhs party had died, and one person had become injured. In this regard, case FIR No. 221/88, under Section 302/307, 148/149, IPC; 25/27/54/59, Arms Act was registered in the Police Station, in which Baldev Singh was convicted and his sons are absconders and have fled away to foreign country. I am sure that even now Baldev Singh, by sending both these youngmen by giving them allurement has got murdered Pritam Singh with gun-shot. I can identify both these youngmen if they come across me. Action be taken. I have heard my statement, which is correct." The Investigating Officer prepared an inquest report on 17.2.2001. He recovered the clothes and a pair of spectacles with the left glass missing belonging to the deceased. He noticed a gun shot injury on the right side of the back of the deceased. His abdomen was ruptured as pellets had struck in the back and right hand. The Investigating Officer also picked up the blood-stained soil from the spot, a bloodstained spectacles cover and two empty .12 bore cartridges. He also recovered from outside the room a Canadian driving licence bearing No. 6130617 allegedly belonging to Harbhinder Singh. The dead body was thereafter sent for post-mortem examination. On 18.2.2001, the post-mortem of the deceased was conducted by a medical board consisting of Dr. H.S. Kahlon (P.W.I, Dr. Rajnish and Dr. Ranbir Singh. It was of the opinion that the death was caused due to shock and haemorrhage, following firearm injuries which was sufficient to cause death in the ordinary course of business. It was also stated in the report that the death had occurred immediately and the time of death is 24 hours prior to holding of the post-mortem examination. On 20.2.2001, Harbhinder Singh was arrested from the Indira Gandhi International Air Port at Delhi while he was about to leave for London. On the same day, one Avtar Singh was also arrested by the police. On 23.2.2001, both Harbhinder Singh as well as Avtar Singh made disclosure statements to the police. Pursuant to the recording of the alleged disclosure, some recoveries were made on the pointing out of the accused persons, including two empty cartridges allegedly fired from the gun.
(3.) The learned Additional Sessions Judge framed charges against Harbhinder Singh and Avtar Singh under Section 302/450, IPC read with 34, IPC and Sections 25/27 of the Arms Act. A large number of witnesses were examined during the course of the trial. Learned Additional Sessions Judge opining that Harbhinder Singh and Avtar Singh were guilty, convicted them for commission of offences under Sections 302/450, IPC and under Section 25 of the Arms Act.;