MEHTAB S.GILL, J. - (1.) This is an appeal against the judgment dated 17-4-1997 of the learned Sessions Judge, Faridkot whereby he convicted Major Singh son of Mahla Singh and Sukhmander Singh son of Gurnam Singh under Sections 302/307/449 read with Section 34 IPC. He further convicted the appellants under Section 27 of the Arms Act and sentenced them to undergo various terms under Section 27 of the Arms Act and under the different sections of the IPC. Smt. Paramjit Kaur complainant also filed Criminal Revision No. 520 of 1997 for awarding compensation under Section 357 Cr. P. C., which is also being disposed of vide this judgment.
(2.) The case of the prosecution is unfolded by the statement Ex. PM of Paramjit Kaur given on 27-1-1994 at 9.45 a. m. to ASI Ram Singh. She stated that she was married to Angrej Singh son of Alia Singh in 1982. She along with her husband resided at Prem Nagar, Kotkapura. Nachhattar Singh son of Alla Singh, the elder brother of her husband, resided in the fields after constructing the house in the year 1986. Angrej Singh, the husband of the complainant and his elder brother Nachhattar Singh had murdered Balwinder Singh, Sikander Singh and Jallandhar Singh sons of Mahla Singh, who were the sons of Taya (father's elder brother) of Angrej Singh. Complainant's husband and others were sentenced to life imprisonment. An appeal had been filed in the Hon'ble Supreme Court by Angrej Singh and Nachhattar Singh and both Angrej Singh and Nachhattar Singh were on bail as per the order of the Hon'ble Supreme Court. At about 8 a.m., Paramjit Kaur along with her husband and daughter Varanpreet Kaur aged 10 years and her mother-in-law Gain Kaur were present in their house. The door of the house was locked. There was a knock at the door and complainant's husband Angrej Singh opened the door. Major Singh son of Mahla Singh armed with .315 bore rifle and Sukhmander Singh son of Gurnam Singh armed with a country made pistol came to their house. Major Singh raised a lalkara taunting Angrej Singh to run away if he could do so. otherwise they were going to teach him a lesson for committing the murder of their brothers. At this, complainant's mother-in-law Gain Kaur, her daughter Varanpreet Kaur stood up with folded hands, pleading with Major Singh not to kill Angrej Singh, as they were all relatives. Major Singh fired a shot from his rifle aiming it at her husband Angrej Singh, which hit him on his left biceps. Sukhmander Singh fired a shot from his country made pistol at Angrej Singh, which hit him on the left side of his chest. Major Singh fired another shot from his rifle aiming it at her husband, winch hit him on his left buttock. Angrej Singh fell down on the ground. Paramjit Kaur's mother-in-law Gain Kaur fell upon Angrej Singh. Major Singh then fired another shot, which hit Gain Kaur on her back. Thereafter, Major Singh and Sukhmander Singh ran away, Angrej Singh died on the spot. While they were crying due to the death of Angrej Singh, Gurmit Singh son of Nachhattar Singh, the elder brother of her husband, came to the house weeping. He told them that Major Singh and Sukhmander Singh had injured his grand father Alia Singh and his father Nachhattar Singh with bullet injuries. Ram Singh, SHO Police Station City Kotkapura, who was on patrol duty, came to know that Angrej Singh had been murdered. He along with other police officials went to the house of Angrej Singh where he recorded the statement Ex. PM of Paramjit Kaur, on the basis of which, formal FIR Ex. PM/2 was recorded on 27-1-1994 at 9.45 a. m. The special report reached the J. M. I. C., Faridkot on the same day at 11.55 a. m.
(3.) The prosecution to prove its case brought into the witness box Dr. J. R. Bansal SMO as PW1, Dr. Sarabjit Singh Sandhu as PW2, Smt. Paramjit Kaur as PW3, Nachhattar Singh as PW4, Gurbachan Singh as PW5, Gursewak Singh as PW6, Natha Singh as PW7 Dhansi Ram as PW8, Major Singh as PW9, Amritpal Singh as PW10, Bhupinder Singh as PW 11, Dr. R. S. Khurmi as PW 12 and ASI Rarn Singh as PW13.;