- (1.) The prosecution story is as under:- At above 1.00 P.M. on July 18, 1995, P.W.-2 Satnam Singh and his father, Karnail Singh came out of their house and proceeded towards the road outside village Majri when accused Kuljit Singh alias Kaka, Sarpanch of village Majri, DilsherSingh alias Pappu and S.D.O. Jasbir Singh, Dilshan Singh gunmen, came to that place in a car. After parking the car outside the house, they occosted Satnam Singh and Karnail Singh and told the latter that they were upset with him as he had been frequently visiting the tube-well of their enemy, Joginder Singh, Karnail Singh, however, retorted that he was not answerable to anybody with respect to the company that he was keeping. This was followed by an altercation between the two. The noise a teracted Jaspal Singh and Jarnail Singh to the spot. Accused Dilsher Singh then raised a Lalkara that Karnail Singh should be taught a lesson, on which accused Kuljit Singh fired two shots hitting him on his left arm and left side of the abdomen. When Satnam Singh, Jagpal Singh and Jarnail Singh came forward to help him, he again fired two shots and same of the pollots hit Satnam Singh and Jagpal Singh as wells. Both the accused then ran away from the spot. On inspection, it was found that Karnail Singh had succumbed to his injuries almost instantaneously. Major Singh, Satnam Singh's brother and Jarnail Singh along with the injured left for the Primary Health Centre, Payal and reached there at 3.00/4.00 P.M. and after giving first aid to Satnam Singh, the doctor referred them to Civil Hospital, Ludhiana. They, however came across a police party headed by P.W.-8 inspector Naveen Kumar, who recorded Satnam Singh's statement at 6.30 P.M. and on the basis, the formal F.I.R. was registered at police station, Payal 20 minutes later, with the special report being delivered to the Illaqa Magistrate at Khanna at 10.15 P.M. the same day. As the doctor in Civil Hospital, Ludhiana did not admit Satnam Singh he was taken to the Christian Medical College and Hospital Ludhiana and was medico-legally examined by P.W.-9 Dr. Anup Kumar at about 8.10 P.M. and he found multiple punctured wounds on his person. Inspector Naveen Kumar also visited the place of occurrence and took into possession two empty cartridge cases (Exhs. P-3 and P-4) of 12 bore from the spot. Accused Dilsher Singh and Kuljit Singh were produced before the police by Gurmit Singh, Sarpanch of village Shahpur and Kuljit Singh Also handed over a bore D.B.B.L. gun (Eyh. P-2), two empty cartridge cases (Exhs. P-5 and P-6) and a licence (Exh. P-14) at that time. The empty cartridges were despatched to the Forensic Science Laboratory alongwith the gun, and Laboratory in its report (EXh.PM/1) opined that the cartridges had been fired from the gun in question. On the completion of the investigation, the accused were charged for offences punishable under sections 302 and 307 read with Section 34 of the Indian Penal Code as also under Section 27 of the Arms Act and as they pleaded not guilty, were brought to trial.
(2.) In support of its case, the prosecution examined inter-alia, P.W.-1 Dr. K.J.S. Kakkar, who had conducted the post mortem examination on the dead body and had found four wounds thereon and further stated that the gun shots had been fired from a very close range as there was blackening around them, P.W.-4 Dr. Lachhman Singh of the Primary Health Centre, Payal, who deposed that Satnam Singh had been brought to the hospital, Ludhiana for treatment P.W.-9 Dr. Anup kumar, who had examined Satnam Singh at 8.10 P.M. and thereafter admitted him to the hospital P.W.s.2 and 3 Satnam Singh and Jarnail singh the two eye witnesses the son and the brother, respectively, of the deceased and P.W.-8 Inspector Naveen Kumar, the Investigating Officer P.W.- Jagpal Singh who too had been injured in the same incident was given up as having been won over by the accused.
(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the code of Criminal Procedure. Accused Kuljit Singh took up the following plea: "I am innocent. On the day, there was betrothal ceremony of Satnam Singh son of Karnail Singh, and Gian Singh, who is employed at Samrala and is relation of Satnam Singh P.W.- had come with gun to attend the ceremony. He was posted in the Bank at Samrala. Gian Singh aforesaid out of happiness started firing from the gun. The deceased Karnail Singh caught hold of he barrel of the gun of Gian Singh and Gian Singh being under the influence of liquor began to snatch the gun from the hands of Karnail Singh. In the meantime in the struggle, the shot hit Karnail Singh deceased from the hands of Gian Singh. The relatives and Sukhdev Singh prevailed upon me and that the shot had hit Karnail singh accidently and after compromising the matter with Gian Singh Sukhdev Singh and other relatives including the informant had named me and Dilsher Singh falsely. I have been falsely implicated. Sukhdev Singh is inimical towards me. I and Dilsher singh were not present at the spot and Satnam Singh in order to becoming stamp witness and fabricated the injuries.;