- (1.) The present criminal revision petition is directed against the order dated 17.2.2012 passed by the learned Additional Sessions Judge, Hoshiarpur thereby declining the prayer of the petitioneraccused seeking tender of pardon. The question that falls for consideration of this Court is as to what is the scope of Section 307 of the Code of Criminal Procedure (for short Cr.P.C.), and whether the impugned order passed by the learned court below is well within its jurisdiction.
(2.) Facts first. Shorn of unnecessary details of the factual backgdrop of the case, it would suffice to note that the present case was registered on the statement of Harmanjeet Singh. According to him, his father contested SGPC election in the year 2004 as an independent candidate from Mukerian circle. One Harbans Singh was a candidate from Akali Dal and he was defeated. Thereafter, father of the complainant joined Akali Dal. Because of this reason, Harban Singh Manjh was feeling jealous against the father of the complainant. On 30.10.2005, the father of the complainant had gone to attend a party meeting. At about 7.00 PM, the complainant and his uncle Ravinder Singh were sitting in his house and they heard the horn of the car of his father. The complainant and his uncle came out of the house and saw two motor-cycles in ignited condition. One of the young persons fired at the father of the complainant. He stated that he could identify all the three assailants. The prosecution recorded the statement of Ravinder Singh under Section 161 Cr.P.C., who also stated that he saw the killing of Kuldip Singh. He further stated that he could identify the three assailants. During investigation of the case, it was found that Gurdev Singh and his nephew Salinder Singh wanted to take some land on lease, which was belonging to the Gram Panchayat. The land was having substantial commercial value. The deceased Kuldip Singh did not allow them to take the land on lease, because of which Gurdev Singh and Salinder Singh were having a grudge against Kuldip Singh.
(3.) During the course of investigation, statement of one Satnam Singh was recorded on 15.9.2005. He stated that he saw Gurdev Singh, Salinder Singh and Jaswinder Singh hatching a conspiracy with Sandeep Singh, Kamaljit Singh, Ranbir Singh and Balwinder Singh to cause murder of Kuldip Singh. Gurdev Singh, Salinder Singh and Jaswinder Singh agreed to make payment of considerable amount to the other persons. The police also recorded the statement of one Harjinder Singh, who had seen Jaswinder Singh making payment of Rs.3 lacs to Balwinder Singh, Kamaljit Singh and Sandeep Singh on 18.9.2005 at Prince Dhaba, Mukerian. Statement of PW Saudagar Singh was recorded before whom the accused had allegedly made extra judicial confession. One 9 MM pistol used in the crime was recovered from the possession of Balwinder Singh-petitioner.;