S.S.DEWAN, J. - (1.) FOR the murder of Surinder Kumar deceased, the aforementioned six appellants were brought to trial in the Court of Session at Faridkot. They stand convicted under Sections 147, 148 and 302 read with Section 149, Indian Penal Code and have been sentenced to various terms of imprisonment and fine with the direction that the substantive sentence so awarded to them shall run concurrently. They have challenged their convictions and sentences by filing Criminal Appeal No. 520-DB of 1985.
(2.) THE prosecution case is in a very narrow compass. It is alleged that on 16th December, 1983, at about 4.45 p.m., all the six accused namely Angrez Singh, Sukhdev Singh, Jagtar Singh and Nirmal Singh and Jagsir Singh came in a car to the premises of M/s. Goel Oil, Moga. They got 15 litres of petrol and handed over the currency note of Rs. 100/- to Binda Charan PW, who further handed over the said amount of Surinder Kumar deceased, who was then sitting in the cabin. Surinder Kumar returned Rs. 10/- to the said PW for delivery to the accused. The accused again gave Rs. 12/- to Binda Charan to supply them mobile oil Binda Charan brought a tin of mobil oil from the cabin and went to the accused to deliver it. In the meantime, Surinder Kumar deceased also came out from the cabin and then Sukhdev Singh accused proclaimed that 'Bhaj La Lala Kithe Jana Hai'. Then Joginder Singh accused took out a rifle from the car and fired at Surinder Kumar who received bullet injury on the left side of his flank and fell down with his face downward. Because of profuse bleeding, Surinder Kumar succumbed to his injuries at the spot. Sham Sunder PW who was also present there, ran towards the wall and fell down as a result of which his right foot was injured. Then all the accused sped away in their car towards Moga side. Sham Sunder went to Moga in a truck and brought Mohan Lal, Madan Lal and Tirath Parkash to the spot. Thereafter, Binda Charan along with Mohan Lal went to the Police Station Moga and lodged the F.I.R. Ex.PA which was recorded by Sub Inspector Harbhaj Ram. The Sub Inspector reached the spot and prepared its visual plan Ex.PQ and also recovered one empty cartridge and a live cartridge from the spot. On 17th December, 1983, Gurmail Singh Sarpanch of village Jhandewala met the Sub Inspector and told him that he had seen Car No. PUU 56757 driven by Angrez Singh accused and it was parked in a Khola near the house of one Bakhtawar Singh. The car along with its documents was taken into possession by the police in the presence of Bakhtawar Singh and Gurmail Singh PW. Angrez Singh was arrested on 4th February, 1984 and the remaining five accused had absconded. Dr. S.R. Mittal, Medical Officer, Civil Hospital, Moga, PW.1 conducted autopsy on the dead body of Surinder Kumar on 17th December, 1983 at 9 a.m. and he found the following injuries :- "1. Lacerated punctured wound (gun shot wound of entry) with inverted margins 1.5 x 1 cm. oval, in shape on left side of abdomen, 3 cms. from the midline and 4 cms. from the umbilicus. Blackening around the wound was present. On dissection, the underlying sub-cutanecus tissues were lacerated and multiple lacerations of large intestine perforating it through and through left kidney was lacerated, spleen was lacerated and punctured. The wound was further extending to the left side if diaphragm and lacerating the left lung, fracturing the 5th left rib anteriorly and communicating with injury No. 2. One piece of bullet found during the dissection was sent in a scaled vial. The piece was found in the skin. The peritneal and left pleural cavity was full of blood. 2. Lacerated punctured wound (wound of exit) with overted margins 6 x 4 cms. on left side of lateral aspect of chest, 7 cms. below the arm-pit and 16 cms. from the left nipple. On dissection, the wound was communicating with injury No. 1. The direction of the wound was from below upwards, backwards and downwards. 3. Three contusions about 2 x 1 cm. in size on centre of the forehead. On dissection, clotted blood was present. Death was opined to be due to shock and haemorrhage as a result of injuries which were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between the inquires and death was stated to be immediate and between death and post-mortem between 12 to 18 hours. Dr. Mittal also examined Sham Lal PW. on 16th December, 1983 at 8.10 p.m. and found the following injury :- "Plain, swelling and crepitus on lower one-third of right leg, ankle joint and upper part of the foot. Underlying bones were fractured."
(3.) AFTER necessary investigation, Angrez Singh accused was challaned and committed and after about 7/8 months of the occurrence, the remaining accused were also arrested, challaned and committed to the Court of Session for trial.;