K.K.SRIVASTAVA, J. - (1.) PARAMJIT Singh and Kulwant Singh have filed this appeal against the judgment and order dated 25.8.1993 passed by the learned Sessions Judge, Jalandhar, whereby he convicted and sentenced them as under : - "Paramjit Singh: U/S 302 IPC Rigorous Imprisonment for life and fine of Rs. 5000/ -. In default to undergo further R.I. for 9 months. U/s 307 149 IPC R.I. for 5 years and fine of Rs. 2000/ -. In default to undergo further R.I. for 3 months. U/S 449 IPC R.I. for 5 years and fine of Rs. 2000/ -. In default to undergo further R.I. for 3 months. under Section 148 IPC R.I. for one year and fine of Rs. 1000/ -. In default to undergo further R.I. for one months. Kulwant Singh : U/S 302/149 IPC Rigorous Imprisonment for life and fine of Rs. 5000/ -. In default to undergo further R.II for 9 months. U/S 307 IPC R.I. for 5 years and fine of Rs. 2000/ -. In default to undergo further R.I. for 3 months. U/S 449 IPC R.I. for 5 years and fine of Rs. 2000/ -. In default to undergo further R.I. for 3 months. U/S 148 IPC R.I. for one year and fine of Rs. 1000/ -. In default to undergo further R.I. for one months. All the substantive sentences shall run concurrently.
(2.) THE case of the prosecution, as disclosed at the trial of the case in the Court of Sessions Judge, Jalandhar, may be stated briefly, as under :
(3.) HARJIT Singh, P.W. 3 son of Rakha Singh, aged about 65 years is resident of village Nagra, Tehsil Phillaur. Resham Singh, since deceased, was the son of Harjit Singh, P.W. 3. Smt. Manjit Kaur, P.W. 4 is the wife of Resham Singh deceased. About 12 years prior to the occurrence of this case which took place on 24.11.1990 at 11.00 P.M. at the house of Harjit Singh, P.W.3, Resham Singh (deceased) and his companions were tried for committing murder of Mohinder Singh father of the appellants Paramjit Singh and Kulwant Singh. They are alleged to have committed murder of one more person. Harjit Singh PW. 3 was also a co -accused in the said murder case. Harjit Singh had also been convicted under Section 323 of the Indian Penal Code and was awarded 9 months Rigorous Imprisonment. Baldev Singh, the other son of Harjit Singh was convicted under Section 325 of the Indian Penal Code and was awarded 3 -1/2 years' imprisonment in the said case. According to the prosecution case, Paramjit Singh and Kulwant Singh bore enmity with Resham Singh and his father Harjit Singh. On 24.11.1990 at 11.00 P.M. there was knocking at the outer door of the Courtyard of the house of Harjit Singh. Harjit Singh did not open the door but he came to the roof of his house from the Chaubara, where he was lying at that time. Resham Singh, alongwith his wife Manjit Kaur, P.W. 4 and children was sleeping on the ground floor. Resham Singh also got up on hearing the knock of the door and he came out of his room. In the meantime one person scaled over the wall of the house and entered in the Courtyard and opened the outer door which was bolted from inside. He led four more persons and entered the Courtyard. Out of five persons Harjit Singh and Resham Singh identified the appellants Paramjit Singh and Kulwant Singh, who were known to them, in the light of electric bulb which was burning and providing light in the Courtyard at that time. The remaining three companions of the appellants were unknown persons but their faces had been clearly seen in the said light. It is alleged that Resham Singh asked them as to who they were. It is further alleged that Paramjit Singh started firing shots with his rifle at Resham Singh. Four shots were fired at Resham Singh and out of which one hit him on his right hand and the three shots hit him in front of the chest. Harjit Singh PW. 3 raised an alarm and said 'Don't kill', 'Don't kill' while standing from the roof. At this, Kulwant Singh @ Billu fired a shot at Harjit Singh but the shot missed him. Manjit also came in the Varandah of the Courtyard. After committing the occurrence the accused persons ran away with their respective weapons through the outer door of the house of Harjit Singh. After the departure of the accused from the scene of occurrence, Harjit Singh and Manjit Kaur came near Resham Singh and found that he had succumbed to his injuries sustained in the said occurrence. Harjit Singh PW. 3 was going to lodge the report regarding this occurrence on the next morning when he met S.H.O./Inspector Harmail Singh, Police Station Nur Mahal who was present at the bus stand Bilga in connection with patrolling and official work. The statement of Harjit Singh was reduced into writing and his thumb impression was obtained below his statement after it was read over to him. Since the statement of Harjit Singh disclosed commission of a cognizable offence punishable under Sections 302/452/34 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act, hence the writing was sent to the Police Station Nur Mahal through Constable 1129 Tarlochan Singh for registration of First Information Report. Instructions were sent for intimation of the number of the first information report and for Control Room to be intimated on wireless. Special reports were also directed to be sent to the higher Officers. S.H.O. Harmail Singh summoned more Police Officials, namely, A.S.I. Shri Harbhajan Singh, Constable 1131 Harjit Singh, Constable 1887 Jagtar Singh, Constable 1486 Sarbjit Singh, Constable 1419 Ranjit Singh and proceeded to the spot for taking action. Constable 1129, Tarlochan Singh also accompanied the policy party.;