Hemant Gupta, J. - (1.) THIS order shall dispose of Criminal Appeal No. 672 -DB of 2002 preferred by Baljeet Singh s/o Fateh Singh and Sukhwinder Kaur w/o Late Avtar Singh and Criminal Revision No. 2324 of 2002 preferred by Sat Pal Singh s/o Harbhajan Singh arising out a common judgment dated 29.8.2002 convicting Baljit Singh for the offence under Sections 302, 148 of the Indian Penal Code (for short the 'Code') and Section 27 of the Arms Act and convicting Sukhwinder Kaur for the offence under Section 302 read with Section 149; Under Section 148 of the Code and sentencing both of them to undergo life imprisonment and to pay a fine of Rs. 2,000/ - for the offences under Section 302 and for RI for one year for an offence under Section 148 of the Code.
(2.) THE relationship between the parties, as on record would be necessary for appreciation of the facts in the present appeal. Pal Singh son of Harbhajan Singh is the deceased who lost his life by fire arm injury on 19.5.1999. Harbans Kaur is the real sister of Harbhajan Singh, father of the deceased and Gurnam Singh. Harbans Kaur was married to Dial Singh who died in the year 1974. Harbhajan Singh had four sons namely Avtar Singh, Pal Singh, Satpal Singh and Mukhtiar Singh. His sister Harbans Kaur had no child. She adopted Avtar Singh husband of Sukhwinder Kaur -Appellant No. 2 as her son. Avtar Singh died in an incident which took place in the year 1998. After the death of Avtar Singh, Sukhvinder Kaur claims to be in possession of land owned by Harbans Kaur in village Kolowaal. She had filed a suit for permanent injunction against Harbans Kaur and Pal Singh. On 19.5.1999, the said civil suit was fixed for hearing before the civil Court at Ajnala. The prosecution case was set in motion on the basis of the statement (Ex. PC) made by Sat Pal Singh, brother of the deceased made to Inspector Balbir Singh PW -12 at about 3.30 P.M. on 19.5.1999, at Shri Guru Teg Bahadur Hospital, Amritsar. On the basis of Ruqa (Ex. PC/1), sent by Inspector, Balbir Singh to Police Station, Ajnala, FIR Ex. PC/2) was lodged at about 4.35 P.M., and the special report delivered to the learned Magistrate at 6.50 P.M. Satpal Singh disclosed the relationship as mentioned above and stated that his brother Avtar Singh used to reside at Village Kolowal and use to cultivate the land owned by Harbans Kaur. In the year 1998, in an election dispute for the office of Sarpanch in the village, Malook Singh and others, in all seven accused committed the murder of Avtar Singh in the village Isapur in the area of Police Station, Ajnala. After the death of Avtar Singh, dispute arose between his sister -in -law -Sukhwinder Kaur and his father's sister, Harbans Kaur. His father's sister -Harbans Kaur shifted her residence in village Rajdhan whereas Sukhwinder Kaur was in possession of land situated in the village Kolowal. She was not giving any share or rent for the land of his father's sister. She instituted a case in Civil Court for permanent injunction which was being pursued by him (Sat Pal Singh) and his brother Pal Singh. The case was fixed on the said date when he and his uncle Gurnam Singh and his brother Pal Singh reached Ajnala on two scooters to pursue the case. After the adjournment of the case, he himself and his uncle -Gurnam Singh on one scooter and Pal Singh on his own scooter were going from Ajnala to village Rajdhan. He and his uncle were following Pal Singh, who was going ahead on his scooter. When they reached near the sugar mill in the area of village Bhala Pind at about 11.30 AM, a Tata Sumo vehicle bearing No. PB02 -R -9244 came from Ajnala side and stopped somewhere ahead, from which Baljit Singh son of Fateh Singh resident of village Longowal, Police Station Sadar Batala armed with gun, Sukhwinder Kaur -his sister -in -law alighted and stopped the scooter of Pal Singh. They also stopped behind him. Within their sight and hearing, his sister -in -law -Sukhwinder Kaur raised lalkaraasking his father to teach him a lesson for selling the land. On the exhortation of Sukhwinder Kaur, Baljit Singh fired a gun shot at his brother Pal Singh hitting him near the right nipple. As a result of which he fell down on one side of the scooter. Besides them, a driver and two other persons were sitting in the Tata Sumo at that time and that he and Gurnam Singh can identify. On raising hue and cry, Sukhwinder Kaur and Baljit Singh boarded the said Tata Sumo vehicle and went towards Amritsar. Thereafter, he and his uncle Gurnam Singh managed for the conveyance and took Pal Singh to Government Hospital Ajnala, where doctors gave him one or two injections and sent him to Government Hospital, Amritsar in hospital van. On reaching Guru Nank Dev Hospital, Amritsar, Pal Singh was declared dead. Doctors sent them to deposit his dead body to Guru Teg Bahadur Hospital, Amritsar. Leaving his uncle -Gurnam Singh along with the dead body, he went to give information at Police Station, Raja Sansi but on way he met police party and gave statement (Ex. PC).
(3.) AFTER the lodging of the FIR, post mortem was conducted on 20.5.1999 by Dr. Ashok Chanan (PW -2). PW -1 Dr. Piarelal of Civil Hospital Ajnala has examined the injured Pal Singh in the first instance and referred him for the treatment to Amritsar. Apart from the evidence, to complete the chain of circumstances, prosecution examined PW -9 -Satpal Singh, PW -11 -Gurnam Singh as the eye witnesses of the occurrence. Apart from other formal witnesses, the Investigating Officer, Balbir Singh was also examined;