BAKHSHISH KAUR,J - (1.) JASPREET Singh alias Gullu, Paramdip Singh alias Tony were sent to face trial for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act. At the close of the trial, they were acquitted by the learned Sessions Judge, Amritsar vide his judgment dated May 23, 1996. Aggrieved by this judgment Dalbir Singh complainant, on whose statement case was registered, has filed the present criminal revision petition.
(2.) DALBIR Singh complainant had gone to village Baserke to attend the marriage of the daughter of Didar Singh and the marriage was to be solemnised on 31.1.1993. Jaspreet Singh alias Gullu was present. He was in a drunken condition and he told complainant Dalbir Singh that they had not supported his maternal uncle Sahib Singh in the Panchayat elections. Thus an altercation took place between the two. Jaspreet Singh alias Gullu asked Dalbir Singh to state on oath in the Gurdwara that he had supported Sahib Singh. Accordingly Dalbir Singh agreed to take oath and they went to Gurdwara. After taking oath when he came out Gullu stated abusing him and tried to give shoe beating to Dalbir Singh. Dalbir Singh also returned the abuses. On the intervention of Jaimal Singh Sarpanch they were separated. In the meantime Paramdip Singh alias Tony accused carrying a revolver came there and threatened to shoot Dalbir Singh for quarrelling with his brother. They were, however, separated and both the parties went to their respective houses at about 3/4 p.m. On the same day at about 6/7 p.m. Dalbir Singh with his brother Mohar Singh and their nephew Dilbagh Singh were present in their house. Jaspreet Singh alias Gullu and Paramdip Singh alias Tony came there and they started abusing. Dalbir Singh, Mohar Singh and Dilbagh Singh went to the roof of the house. The accused opened fire from their rifles and one shot hit Mohar Singh on the left side of the chest and he fell down. Dalbir Singh complainant ran into the Chaubara and brought with him licensed rifle belonging to his father and fired shots in the air in order to scare the accused but the accused fired two more shots towards them and ran away.
(3.) THE injured was taken to the hospital at Taran Taran but he was declared dead. Dalbir Singh leaving behind Jaimal Singh Sarpanch went to the police station to lodge the report on the next morning. The investigating officer prepared the inquest report, got the post mortem examination conducted on the dead body, visited the place of occurrence, lifted the blood-stained earth and recorded the statements of the witnesses and on completion of the investigations accused were challaned.;