NAWAB SINGH,J - (1.) THIS appeal has been filed by Sukhwinder Singh accused- appellant against the judgment and order dated February 20, 1998 passed by learned Sessions Judge, Faridkot, whereby he was convicted for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/- with default stipulation and to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 506 IPC. Both the sentences were directed to run concurrently.
(2.) SUKHWINDER Singh accused-appellant and Jarnail Singh deceased were police constables posted in Police Station Kotwali, Faridkot. On November 14, 1995 Jasper John Atwal, Assistant Sub Inspector (for short 'ASI') (PW-9), Satpal Singh (PW-10), Bikkar Singh (PW-4), Sukhwinder Singh accused-appellant and Sanjay Maur Constable were present at the canal bridge Kotkapura Road, Faridkot holding a Naka. Jarnail Singh (since deceased) came and informed Jasper John Atwal ASI (PW-9) that Station House Officer, Police Station Kotwali Faridkot had received a wireless message that Sukhwinder Singh accused-appellant and Bikkar Singh Constable (PW-4) were not present at the Naka. Japser John Atwal ASI (PW-9) told Jarnail Singh that both of them were present at the Naka. Jarnail Singh deceased asked Sukhwinder Singh accused- appellant that he was not discharging his duty properly and did not reach the Naka in time. Sukhwinder Singh started uttering abuses to Jarnail Singh. Sukhwinder Singh asked him that he was harassing him as he also got his duty changed from one Dr. Dalal. In the meantime, Sukhwinder Singh fired a shot from his service rifle, which hit Jarnail Singh in his abdomen. Jarnail Singh fell down. A lalkara was raised by Jasper John Atwal (PW-9) to apprehend Sukhwinder Singh accused-appellant, but he reloaded the rifle and threatened the police officials present at the spot that he would eliminate all of them in case any body dared to come near him. The accused-appellant along with the rifle fled away from the spot. Jasper John Atwal ASI (PW-9) and other police officials brought Jarnail Singh to GGS Medical College and Hospital, Faridkot where he succumbed to his injuries at 8.50 p.m. on the same day. Harjinder Singh ASI (PW-5) was immediately informed by Jasper John Atwal ASI (PW-9). On receipt of the information, Harjinder Singh ASI (PW-5) reached GGS Medical College and Hospital, Faridkot. Statement (Exhibit PA) of Jasper John Atwal ASI (PW-9) was recorded. Harjinder Singh ASI (PW-5) appended his endorsement (Exhibit PA-2) on the statement (Exhibit PA) and sent the same to Police Station. On the basis of the information sent by Jasper John Atwal ASI (PW-9), formal First Information Report (for short 'FIR') (Exhibit PA-1) was recorded. Inquest proceedings were conducted. Accused-appellant was arrested by Lal Singh SI (PW-7) near the Barjindra College, Faridkot. The accused-appellant was interrogated on November 16, 1995 by Ajmer Singh SI (PW-15) and he made a disclosure statement (Exhibit PB) in the presence of Yudhister Singh ASI (PW- 1) and Gurtej Singh that he had kept concealed the rifle in the bushes near the canal bypass, Faridkot. In pursuance of the disclosure statement (Exhibit PB), the accused-appellant led the police party to the disclosed place and got recovered the service rifle of 7.62 bore. The same was taken into possession vide seizure memorandum (Exhibit PC). The articles viz. one live cartridge of the same bore, three cartridges of the same bore, blood stained earth from the place of occurrence, one fired cartridge and a parcel containing clothes of the deceased were taken into possession vide seizure memorandums (Exhibits PG and PH) respectively.
(3.) AFTER completion of investigation and other formalities, the accused- appellant was arraigned for trial.;