M.JEYAPAUL, J. - (1.) OUT of the four accused, fourth accused Kulwinderjit Singh was declared as a Proclaimed Offender. The other accused faced the trial. The first accused Jarnail Singh was convicted for the offence under Section 302 IPC and was sentenced to undergo life imprisonment. He was also convicted for the offence under Section 27 of the Arms Act and was sentenced to death. Second accused Sadhu Singh and third accused Paramjit Kaur, who were the parents of first accused Jarnail Singh were convicted for the offence under Section 302/120 -BIPC and were sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/and in default to undergo further period of one year rigorous imprisonment each. These three accused have preferred Criminal Appeal No. 1167 -DB of 2010. The learned Additional Sessions Judge,Ludhiana having passed death sentence to the first accused Jarnail Singh laid murder reference before this Court for confirmation of death sentence.
(2.) (a) PW1 Harbans Singh was the father of deceased Bhagwant Singh and Beant Sngh. Both his sons had a hair cutting saloon on the main road, new Shastri Nagar,Ludhiana. In front of house of PW1, accused Sadhu Singh, a retired Subedar was living with his family. His son Jarnail Singh was employed in police department. About two years prior to the occurrence, accused Jarnail Singh had a minor altercation with deceased Bhagwant Singh and Beant Singh which led to the registration of FIR No. 117 dated 29.3.2002 for offences under Section 341,294 and 509 IPC at the instance of accused Jarnail Singh. The said criminal case was compromised with the intervention of respectable persons. (b) On 4.7.2009 at about 2 pm, PW1 Harbans Singh and his brother -in -law PW2 Jarnail Singh, who has given his daughter to the deceased Beant Singh, proceeded to the shop of the deceased to inform them about the arrival of the guests in connection with the marriage of Bhagwant Singh. When they were proceeding close by the shop, accused Jarnail Singh came from behind and hit his motor cycle against the bicycle driven by PW1 Harbans Singh. PW1 rebuked accused Jarnail Singh for hitting his bicycle with his motor cycle. PW1 received counter rebuke from accused Jarnail Singh. Having reached the hair dressing saloon, PW1 Harbans Singh and PW2 Jarnail Singh informed Bhagwant Singh about the arrival of the people in connection with his marriage and got back to their house. At about 3 pm on the said day, accused Sadhu Singh, accused Paramjit Kaur and accused Kulwinder Singh came to the house of PW1 and threatened him with dire consequences. PW1 took the threat very lightly. (c) On the same day at about 9.20 pm, PW1 Harbans Singh and PW2 Jarnail Singh went to the hair dressing saloon. There was no electricity. It was the closing time of the saloon. Having entrusted the job of closing the shutter of the saloon to PW1 Harbans Singh and PW2 Jarnail Singh, Bhagwant Singh and Beant Singh, proceeded to the vegetable market for purchasing the vegetables. PW1 Harbans Singh and PW2 Jarnail Singh closed the shop. They waited for about 15 minutes for the arrival of the sons of PW1. As they did not turn up PW1 Harbans Singh and PW2 Jarnail Singh proceeded towards the vegetable market to see Beant Singh and Bhagwant Singh. The accused Jarnail Singh came over there in a scooter and having placed his helmet on the scooter, started firing indiscriminately from his assault rifle towards Bhagwant Singh and Beant Singh, who were standing at the vegetable shop of Nishad Kalendar. PW3 Ashok Kumar and PW4 Jagtar Singh had also sustained injuries. The vegetable vendor, Kalender had received fire -arm injury. Bhagwant Singh, Beant Singh, and Kalender died on the spot. Accused Jarnail Singh left the scooter there and ran away along with his rifle. PW1 Harbans Singh passed on a message to the police by dialing telephone No. 100. Thereafter PW1 Harbans Singh and PW2 Jarnail Singh proceeded to the police station for lodging a complaint. On the way PW13 Inspector Gurbans Singh Bains met them and received statement Ex.PA from PW1 Harbans Singh. Based on the statement Ex.PA, a formal FIR Ex. PA/2 was recorded by SI Des Raj. (d) PW13 Inspector Gurbans Singh Bains proceeded along with other police officials to the scene of occurrence at Shastri Nagar, and found three dead bodies lying over there. He prepared rough site plan Ex.PO. He conducted inquest on the dead bodies of Kalinder Nishad, Beant Singh and Bhagwant Singh separately and prepared respective inquest reports Ex.PP, Ex.PQ and Ex.PR. He also recovered blood stained earth from the scene of occurrence. The scooter bearing Registration No. PB -10 -AM -9865 Ex.P4, empty shells Ex.P42 cartridges Ex.P45 and blood stained earth Ex.P56 to Ex.P58 were recovered by him from the scene of occurrence. PW13 sent the dead bodies for post mortem examination. (e) PW 20 Dr. J. Parkash attached to CMC Hospital, Ludhiana, examined PW 3 Ashok Kumar who was admitted to casualty ward for treatment on 4.7.04 at 10.30 p.m. He found fracture of right side femur. The said injury was found to be grievous in nature. He had also sustained wounds on the right and left arms with no bone injury. These injuries were found to be simple in nature. All those injuries were certified by PW 20 "as the injuries caused by fire arms gun shots". (f) PW 24 Bimal Kumar Senior Clerk attached to CMC Hospital, Ludhiana, was examined before the trial Court in the absence of the doctor who examined the injured PW 4 Jagtar Singh. He spoke about Ex.PAQ, the MLR of PW4 Jagtar Singh which revealed that the injured had received gun shot injuries over chest just lateral to sternum without any bone fracture on the chest. (g) PW 8 Dr. U. S. Sooch conducted post -mortem examination on the dead body of Bhagwant Singh at about 9.30 a.m. on 5.7.2004. He found the following injuries on the dead body: - "1. Inlet wound 0.75 x 0.75 Cm on the middle of the left scapula with abraded and inverted and lacerated margins. On exploration the underneath muscles were lacerated and the left scapula was fractured. The wound was just cavity deep causing the laceration of pleurae and lung. It was communicated with injury No. 2. 2. Outlet wound 1.5 x 1 cm just cavity deep just below the medial end of the left clavicle. 3. Inlet wound lacerated margins 0.75 cm. x 0.75 cm, with abraded and inverted margins on the inferior angle of the left scapula. The track of the wound went upwards and interiorly causing the laceration of heart, pleurae and lung and chest was full of blood and it communicated with injury No. 4. 4. Outlet wound with laceration margins 2 x 1.5 cm with overted margins on the supra sternal notch with laceration of larynx and trachea. 5. Inlet wound with lacerated margins 0.75 x 0.75 cm and three inches below injury No. 3 with inverted, abraded and lacerated margins the track went upwards and anteriorly causing laceration of just visceras and came out through the injury No. 6. 6. The outlet lacerated wound 2 x 1 -1/4 cm with everted margins below of the right clavicle with clotted blood. 7. Inlet lacerated wound 0.75 x 0.75cm, with inverted and abraded margins on the right posterior axillary line on exploration track went upward, interiorly and to the right side and came out of the anterio superior surface of the right shoulder causing fracture of the right scapula and upper end of the right humours and came out of injury No. 8. 8. Inlet lacerated would 2 x 1.5 cm on the anterior superior surface of the right shoulder with everted. 9. Inlet lacerated would 2.7 x 2.7 cm with inverted and abraded margins on the lower right scapular area and on exploration track went sub - cutaneously and came out of the injury No. 10. 10. Outlet lacerated wound 1 x 1 cm with everted margins on the right supra copular area. 11. Inlet lacerated wound 0.75 x 0.75 cm. with inverted and abraided margins on the left renal area and on exploration the track went sub - cutanously and came out of the injury No. 12. 12. Outlet lacerated wound 1 -1/4 x 1 cm on the middle and left lateral side of the abdomen with everted margins. 13. Lacerated wound 4 -1/2 x skin deep with coagulated base on the back of right shoulder placed vertical. 14. Lacerated wound vertical 2.5 x 1/3 x subcutaneous deep with coagulated base on the right parietal area. 15. Lacerated wound 4.5 x 1/2 x sub -cutaneous deep vertically slightly obliquely placed on the left alanasi, left upper end, lower lips on the left lateral side of the chin." (h) On the same day at about 10.30 AM he conducted post -mortem examination on the dead body of Beant Singh and found the following injuries: "1. Inlet lacerated wound 0.75 x 0.75cm, with inverted and abraded margins on the right cheek. The track went horizontal to the left with laceration of the base of the oral cavity and laceration of the left jugular and carotid vassals of left side of neck and laceration of the esophagus and came out of the injury No. 2. 2. Outlet lacerated wound 2.5 x 1 -1/4 with averted margins just below the right angle of the mandible with clotted blood. 3. Inlet lacerated wound 0.75 x 0.75 cm with abraded and inverted margins on the right posterior axillary line and on dissection track upwards and subcutaneous and came out of the injury No. 4. 4. Lacerated wound 1.5 x 1/1/4 on the right supra scapular area. 5. Inlet lacerated wound 0.75 x 0.75 cm. with inverted and abraided margins on the lateral suide of the right hip above the iliac crest in its middle and on exploration the track went upwards and to the left side subcutaneously and came cut of injury No. 6. 6. Lacerated wound 1.5 x 1 cm with everted margins on the left scapular area below the inferior angle of left scapula." (i) He also conducted post mortem examination on the same day on the dead body of Kulinder Nishad. He found the following injury on the dead body: "1. Inlet lacerated wound 0.75 x 0.75 cm. with abraded and inverted margins on the left infra scapular area near the inferior angle of scapula. 2. Lacerated wound 2.5 x 2 with everted margina on the right lateral side and upper part of neck and 1.5 lobule of right ear. 3. Lacerated wound 1.5 x 1/2x muscle deep horizontal on the middle of right buttock. The corresponding portion of the pend and underwear was torn. He opined that all the aforesaid persons have died due to hemorrhage and shock about 12 hours prior to autopsy on account of aforesaid fire arm injuries which were sufficient to cause death in the ordinary course of nature. All the injuries were found to be anti mortem in nature. The wearing apparels of the deceased were recovered from the dead bodies after the post mortem examination was over and they were entrusted to PW 13 Inspector Gurbans Singh Bains for further investigation in the matter. (j) The accused was produced before the Medical Board comprising PW 22 Dr. Karanbir Goyal, PW 23 Dr. Sudha Vasudev accused Jarnail Singh was posted as gunman to Shri Mandeep Singh, SP (D) Ludhiana. PW 6 ASI Gurmeet Singh issued a weapon AK 47 along with two magazines and fifty rounds to Jarnail Singh. PW 7 Mukhtiar Singh has installed generator in the vegetable market, Shashtri Nagar, Ludhiana and the bulb were emitting light in the market through the generator between 8 to 10 PM on 4.7.2004. PW -9 Constable Sukhdershan Singh was also a gunman serving along with Jarnail Singh who borrowed his scooter bearing No. PB 10 AU 3017 from him on the pretext that he was going to the market to purchase vegetables. PW 13 having completed the investigation laid final report as against the accused Jarnail Singh. During the course of trial the other accused were summoned under section 319 Cr. P. C to face trial along with the first accused Jarnail Singh. Of course the fourth accused Kulwinder Singh has absconded. Statements under Section 313 Cr. P.C. A -1 Jarnail Singh: - (a) He was a disciplined constable in the Punjab Police since 1989. He had undergone commando force training. He had put in unblemished service as gunman with senior Police officers. He was baptized Amritdhari and Kesdhari Sikh wearing turban. He did not wear helmet. He had purchased some article from market on 4.7.2004. He having exchanged his motor cycle, took scooter from his college Sudarshan Singh . A party was hosted by his parents to celebrate birth day of their grand -son on the evening of 4.7.2004 in his house. On his way back home at about 9.30 PM he turned the scooter on the road to Subhash Nagar from G.T. Road. The electricity power went off due to power cut imposed by PSEB. The road was unevenly brick -paved. His AK 47 rifle was cocked. He forgot to lock it. In the darkness of night his scooter hit the elevated man -hole on the road near vegetable market where people were purchasing vegetables. He fell down from his scooter which skidded. The trigger cover of his gun entangled in the break lever of the scooter and the rifle started firing accidentally. He got up and released the trigger and thereafter the firing stopped. The fire shots hit some persons there. There was hue and cry. Apprehending wrath of the people, leaving the scooter behind, he went straight away to CIA Staff HQ with rifle, met Inspector Jaswinder Singh, narrated the occurrence and handed over the rifle, magazine and cartridges to him. PW -1 and PW -2 were ,not present at the spot. There was no enmity between his family and Harbans Singh. He was falsely implicated in this case due to public outcry and political pressure. He has not committed any offence. A -2 Accused Sadhu Singh and A -3 Accused Paramjit Kaur (b) A false case was foisted on them. A party was organized to celebrate the birth day of their grandson. They were found innocent during the course of investigation. No criminal conspiracy was hatched by them.
(3.) DW -1 Anil Chopra, Upper Division Clerk attached to PSEB, has spoken about the power cut between 21:31 hours to 22:05 on 4.7.2004. DW -2 Harjinder Singh and DW -6 Prem Nath would depose that they participated in the party hosted by accused Sadhu Singh. DW 3 Maninderjit Singh, who was allegedly present at the scene of occurrence, deposed that it was pitch dark at that point of time. He heard a noise and immediately thereafter a scooter fell down and simultaneously there was continuous firing. DW4 HC -Jagjit Singh and DW5 C - Igbal Singh deposed that DW4 received a message from PW7 Mukhtiar Singh at 10.20 PM on 4.7.2004 that there was a firing incident at the vegetable market on G. T. Road Jalandhar,;