Hemant Gupta, J. - (1.) PRESENT appeal is by Balwider Singh, Gurdeep Singh, Bahadur Singh sons of Shangara Singh and Gurdev Singh @ Gora son of Hazara Singh -brother of the wife of Balwinder Singh against the judgment passed by Additional Sessions Judge, Kapurthala dated 21.9.2001 convicting Balwinder Singh and Gurdev Singh for an offence under Section 302 of the Indian Penal Code (for short the 'Code') and Gurdeep Singh and Bahadur Singh for an offence under Section 302 read with Section 34 of the Code. Balwinder Singh was also convicted for an offence under Section 307 whereas Gurdev Singh and Bahadur Singh were convicted for an offence under Section 307 read with Section 34 of the Code. Balwinder Singh with Gurdev Singh, Gurdeep Singh, Bahadur Singh was also convicted for firing at Kulwinder Singh with the intention and under such circumstances that if he had caused the death of Kulwinder Singh, he would have been guilty of his murder. Gurdev Singh was convicted for an offence under Section 307 of the Code and Balwinder Singh, Gurdeep Singh and Bahadur Singh were convicted for an offence under Section 307 read with Section 34 of the Code for firing at Lakhwinder Singh and Veer Kaur with such intention and under such circumstances that if by that act, he had caused their death, he would have been guilty of their murder. Gurdev Singh was convicted with the other co -accused Balwinder Singh, Gurdeep Singh, Bahadur Singh for firing Mehnga Singh with such intention and under such circumstances that if by that act he had caused his death, he would have been guilty of the murder of Mehnga Singh. Gurdeep Singh was convicted for an offence under Section 307 of the Code for firing at Lakhwidner Singh, Kulwinder Singh and Veer Kaur where as Balwinder Singh and Bahadur Singh were convicted for an offence under Section 307 of the Code read with Section 34 of the Code.
(2.) PROSECUTION case was set in motion on the basis of the statement (Ex. PA) of Lakhwinder Singh son of Bakshish Singh made to SI -Amrik Singh at 10.05 P.M. on 14.7.1999 in respect of the occurrence which had taken place at 6. P.M. in the area of Village Fattu Dhinga, Police Station Kotwali, Kapurthala. On the basis of such statement, FIR PA/2 was recorded at 10.15 P.M. The special report was received by learned Magistrate on 15.7.1999 at 11.00 A.M. In the said occurrence Jagjit Singh aged 55 years son of Bhagat Singh, nephew of Lakhwinder Singh died due to multiple injuries at 8.20 P.M. whereas, Lakhwinder Singh, Veer Kaur, Kulwinder Singh and Mehnga Singh received injuries. Lakhwinder Singh has stated that Kulwant Singh and Balwant Singh of his village owned a plot. Kulwant Singh sold his half share in the plot to Bahadur Singh accused for Rs. 9,000/ -. Bahadur Singh wanted to occupy whole of the said plot. On 14.7.1999 at about 10. a.m. both the parties collected in the said plot for a compromise. Lakhwinder Singh PW1 and Jagjit Singh (since deceased) also participated in that gathering and were supporting Kulwant Singh and Balwant Singh. It was decided in that meeting that Bahadur Singh would get the land demarcated and would take possession of only the share of Kulwant Singh, which he has purchased. Bahadur Singh did not agree to this compromise and represented that he has purchased whole of the said plot and would occupy whole of it. At about 5. P.M. Lakhwinder Singh and his wife Gurjit Kaur were bathing their buffaloes when bahadur Singh and Balwinder Singh accused came there. They threatened Lakhwinder Singh that he was helping Kulwant Singh and Balwant Singh which would not be good for him. Balwant Singh informed the police of P.P. Fattu Dhigna, upon which the Incharge and an official came to the spot, who called both the parties and made them to understand that both of them should approach the Civil Court for the decision of the dispute. Thereafter, at about 6 P.M., when Lakhwinder Singh P.W. 1, his wife Gurjit kaur, his uncle Jagjit Singh (since deceased), Kulwinder Singh P.W. and his mother Vir Kaur PW2 were present in the court -yard of their house, where Balwinder Singh accused armed with 12 bore gun, Gurdeep Singh accused with 315 bore rifle, Bahadur Singh accused armed with a Kirpan, Shangara Singh with a dang, Surjit Singh with a datar and Gurdev Singh with 12 bore gun came in front of their house. Shangara Singh raised a lalkara to teach them a lesson for helping Kulwant Singh and Balwant Sigh. Upon this, all the accused entered the court -yard of their house. Gurdev Singh fired two shots towards them from his 12 bore gun hitting Jagjit Singh on his chest, abdomen and other part of the body. Balwinder Singh accused also fired from his 12 bore gun, which also hit Jagjit Singh on his abdomen, due to which Jagjit Singh fell down on the ground. In order to save him, Lakhwinder Singh P.W. 1, Kulwinder Singh and their mother Vir Kaur P.W. 2 came forward. Bahadur Singh raised a lalkara to deal with them in the same manner, upon which Gurdeep Singh fired two shots from his 315 bore rifle towards them. Balwinder Singh again fired two shots from his 12 bore gun towards them hitting Kulwinder Singh on different parts of his body. Gurdev Singh also fired a shot from his 12 bore gun towards them hitting Kulwinder Singh on different parts of his body. Gurdev Singh also fired a shot from his 12 bore gun which hit Lakhwinder Singh P.W. 1 and Vir Kaur P.W. 2. In the meantime, Balwant Singh and Mehnga Singh came towards them to rescue them, but Gurdev Singh fired from his 12 bore gun towards them which hit Mehnga Singh on his back and leg. Lakhwinder Singh and others raised a raula, due to which several persons came there to rescue them. The accused then left the spot with their weapons. The injured were shifted to the hospital, where Jagjit Singh was declared dead. Others were admitted in the hospital. On 15.7.1999, post mortem examination of the dead body of Jagjit Singh was conducted by a Board of Doctors consisting of Dr Hussan Lal Mehmi, SMO, Civil Hospital, Kapurthala, Dr B.S Multani, Dr Roop Lal and Dr Gurbachan Singh on an application (Ex. PB) moved by the police. Dr Hussan Lal Mehmi has appeared as P.W. 3 to prove the report of the Board of Directors in respect of post mortem conducted on the dead body of Jagjit Singh. The doctors have found the following injuries on the person of the deceased: 1. A lacerated punctured wound measuring 4 mm in diameter on left side of forehead with margins inverted. 2. A lacerated punctured wound measuring 3.5 mm in diameter on right side of nose with a margins of wound inverted. 3. Six punctured wounds on right shoulder measuring from 2.5 mm to 4 mm in diameters margins of the wounds were inverted. 4.THREE punctured wound with inverted lacerated margins measuring 3 mm in diameters on front of neck and side of neck. 5.NINE punctured wounds with inverted lacerated margins on front of chest measuring 3 mm to 4 mm in diameters. Ten punctured wound with inverted lacerated margins on front and outer side of left shoulder, measuring 3 mm to 4 mm in diameters. 6.NINE punctured wound with inverted lacerated margins on front of abdomen on right side measuring 3 mm to 4 mm in diameters. 7.A lacerated punctured wound on right thigh measuring 4 mm in diameters. A lacerated punctured wound with inverted margins on inner side of right thigh measuring 3 mm in diameters. 8.TWELVE lacerated punctured wounds with inverted margins on left thigh on upper part measuring 3.5 mm to 4 mm in diameters. 9.TWO lacerated wounds on little finger of left hand measuring 3 mm in diameters, margins of the one wound was inverted and other were inverted. A lacerated punctured wound with inverted margins on palm of right hand.
(3.) The Doctors have recovered one piece of metal from right lobe of liver. All the pieces of metal could not be detected on dissection because they were deeply embedded and were of small size. The x -ray films showing the presence of the metal pieces was sent with the post mortem report as a proof of the same.;