SWATANTER KUMAR, J. - (1.) Criminal Appeal No. 310DB of 2001 has been filed by Baldev Singh and Kulwinder Singh against the judgment of conviction and order of sentence dated 20-2-2001 vide which Kulwinder Singh and Baldev Singh have been found guilty under Section 302 of Indian Penal Code (hereinafter referred to as the Code ) and Criminal Appeal No.177-DB of 2001 has been preferred by Nirpal Singh and Nardev Singh who have been found guilty of offences punishable under Sections 120-B read with Section 302 of the Code. All were awarded imprisonment for life and payment of Rs. 2000.00 each as fine,, and in default thereto to further undergo rigorous imprisonment for six months each. While Criminal Revision No. 1611 of 2001 has been filed by Harinder Singh complainant praying for enhancement of sentence for capital punishment to the accused. These appeals and revision, thus, arise out of a common judgment. Both the appeals were admitted and the revision petition was ordered to be heard along with Criminal Appeal No. 177 DB of 2001 vide order of the Division Bench dated 28-1-2002. We would, thus, dispose of all these cases by a common judgment.
(2.) FIR No. 67 dated 15-10-1997 Ex. PM/2 was registered at 2.00 p.m. under Sections 307/34 of the Code and Sections 25 and 27 of the Arms Act, hereinafter referred to as the Act. The FIR Ex. PM/2 related to an occurrence which allegedly took place at 7.45 a.m. on 15-10-1997 . It was recorded on the statement of Harinder Singh, who was examined in Court as PW 4. The Statement reads as under :- "Stated that I am the resident of village Behman Diwana and do agriculture work with my father. Today morning I and my father Rajbir Singh had gone to our Niai Wala filed in order to have a round in our field. After giving instructions to the agriculture workers (Serees) regarding work to be done, my father Rajbir Singh started from the fields on foot towards the village and I was also following him at a distance of about 30/35 Karmas. When my father reached near the Phirni (circular road) of the village it was about 7.45 a.m. two persons covering their bodies with Khes were standing there, on seeing my father they raised the lalkara that he will not be allowed to go today. My father became nervous and ran towards the street which leads to the village. Both unknown persons followed him and opened fire with their pistols which they were holding in their respective hands with the intention to kill my father which hit on the back of my father and my father fell down with his face downward in front of the door of the house of Budha Singh and the door of which was closed. I raised the alarm of Marta Marta. On raising my alarm both the unknown persons to whom I can identify on being produced before me, fled away towards the Phirni (circular road) of village Behman Diwana along with their respective weapons. On reaching near my father I found two fire arm injuries on his back and shoulder blade and blood was oozing from the injuries. In the meantime Gurbax Singh s/o Cahnan Singh and Gurmit Singh s/o Mal Singh, Jat by caste, r/o Behman Diwana also reached at the spot and Baldev Singh s/o Gurbax Singh brought his jeep and got my father admitted in Civil Hospital, Bathinda, I have suspicion that the entire occurrence was arranged by Nirpal Singh and Nardev Singh s/o Pargat Singh r/o Jodhpur Pakkar now at Behman Diwana. The motive behind the grudge is that Nirmal Singh and Nardev Singh are the sons- in-law of Chand Kaur who is "Bua" (fathers sister) of my father, About one year back they had partitioned the land from Chand Kaur and now they are demanding more land. Chand Kaur has adopted my father as her son and kept him with her and Chand Kaur had also arranged his marriage. My father himself cultivates the land of Chand Kaur due to which Nirpal Singh and Nardev Singh were nursing grudge with my father. Statement got recorded . The same is heard which is correct. Action may be taken."
(3.) Unfortunately, Rajbir Singh died and an entry to this effect was made vide Ex.PS on 16-10-1997 and the offence was converted Section 302 of the Code. The inquest report Ex. PG was prepared by Dawinder Singh SI/SHO, who investigated the matter and recorded the statements of various witnesses under Section 161, Cr.P.C. PW 1 Dr. Shushil Gupta, E.M.O. Civil Hospital, Bhatinda had examined and treated the injured Rajbir Singh and found the following injuries on his person :- "1. One wound of entry which is lacerated and 2 x 2 cm. circular in shape with inverted margins and it is situated on the right side of the back of chest and about 8th-9th rib area. 10 cms medial to the vertebral column. Fresh blood from wound was present. On probing the wound that was going at lower side of abdomen, injury kept for X-ray. 2. Wound of entry which was lacerated and 2 x 1-1/4 cm. circular in shape with inverted margins and situated on the right side of the back just on the vertebral column and on the survical thorax region. Blood was present on the wound, wound could not be probed up. Injury kept for X-ray. The copy of the medico legal report was Ex. PA along with pictorial diagram showing the seats of the injuries. Bed head ticket Ex. PE was proved by this doctor. Upon death of Rajbir Singh, his post mortem was conducted by Dr. U.S. Sooch (P.W. 2), who also noticed the following injuries on the body of the deceased and he prepared the post mortem report copy of which was Ex. PE :- "1. Lacerated wound 3/4" x 1/2" with inverted margins on the right interscapular area in its lower part near the vertebral column. 2. Circular lacerated wound 3/4" x 3/4" with inverted margins just below the inferior angle of the right scapula. Surgical midline vertical wound on the front of the abdomen 6" long was present. Two surgical drain wounds on each side of flanks of the abdomen and two surgical stitched drain wounds on both sides of the chest with vane section wound on the left ankle and left elbow.";