MEHTAB S.GILL, J. - (1.) WE shall be deciding Criminal Appeal No. 574 -DB of 1997, Criminal Appeal No. 584 -DB of 1997, Criminal Appeal No. 610 -DB of 1997 and Criminal Revision No. 1019 of 1997 by a common order, as they arise out of the same judgment dated 7.8.1997 of the Additional Sessions Judge, Gurdaspur. Appellants Harbans Singh son of Dewan Chand Bedi, Mohanjit Singh, Amir Singh, Bhupinder Singh sons of Harbans Singh, Sukhbir Singh son of Harbhajan Singh and Dilbagh Singh son of Charan Singh were convicted under Section 120 -B IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 1,000/ - each. In default of payment of fine, to further undergo rigorous imprisonment for one month. Sukhbir Singh and Dilbagh Singh were convicted under Section 302 IPC and sentenced to life imprisonment and to pay a fine of Rs. 5,000/ - each. In default of payment of fine, to further undergo rigorous imprisonment for six months. Appellants Harbans Singh, Mohanjit Singh, Amir Singh and Bhupinder Singh were convicted under Section 302/149 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/ -. In default of payment of fine, to further undergo rigorous imprisonment for six months.
(2.) THE case of the prosecution is unfolded by the statement Ex.PD of Narinjan Singh son of Jaswant Singh given to ASI Jarnail Singh at 4.45 a.m. on the Puli Sua (Bridge) of Village Taragarh. Narinjan Singh stated that he is a resident of village Vinjwan. At about 9.00 p.m., there was a knock at their gate Narinjan Singh along with his father Jaswant Singh, who was the Sarpanch of the Village opened the gate. Two Sikh youths entered in their house. Both were armed with AK47 rifles. They told Narinjan Singhs father that the place of school, which was under dispute, was to be decided. A portion of the land of the school was under the possession of Mohanjit Singh, Amar Singh and Bhupinder Singh @ Shastri, all sons of Harbans Singh. This land was demarcated about 15 -20 days back by the Revenue department and a grant of Rs. One lac was sanctioned for the construction of the school. Narinjan Singhs father told the Sikh youths that he cannot decide the matter alone. He stated that the members and the Lambardar of the village be also called. The two Sikh youths then made Jaswant Singh to move towards the house of Mohinder Singh Lambardar. Narinjan Singh followed them. Mohinder Singh was called out. He was also taken along and they went to the house of Hardev Singh Member Panchayat. The Sikh young men, who were militants, called upon Hardev Singh to come out, who came out and thereafter, they said that the matter regarding the land of the school be decided. The Sikh youths then took Narinjan Singhs father, Lambardar Mohinder Singh and Member Panchayat Hardev Singh towards the side of the school outside the village. Narinjan Singh followed them. When they were at a distance of about 60/70 yards away from the school, the Sikh youths made Mohinder Singh Lambardar, Hardev Singh Member Panchayat and Jaswant Singh, the father of the complainant to sit. One of the Sikh youths then went to call Harbans Singh. After about 5/6 minutes, he returned and directed the complainants father (Jaswant Singh) to stand up. Thereafter, he accused Jaswant Singh, that he is the Sarpanch of the village and not allowing them (accused Harbans Singh and party) to live peacefully and he was now going to construct a school over their land forcibly. The Sikh youths then fired a burst from his AK -47 rifle, which hit Jaswant Singh and Jaswant Singh fell down. They told Lambardar Mohinder Singh and Member Panchayat Hardev Singh to run away. Narinjan Singh out of fear for his life, held in the fields. In the morning, he went and saw that his father was lying dead. The terrorists were wearing Kurta Pajamas and were medium built. They were about 25/30 years old. Narinjan Singh stated that he can identify the terrorists. He further stated that he had doubt that Harbans Singh and his sons Mohanjit Singh, Amir Singh and Shastri had got his father killed. On the basis of the statement Ex.PD, FIR Ex.PD/2 was recorded on 27.12.1991 at 5.12 a.m. and the special report reached J.M.I.C., Batala on the same day at 6.30 a.m. The prosecution to prove its case brought into the witness box Dr. Sukhdip Singh as PW1, Narinjan Singh as PW2, Mohinder Singh as PW3, Amrik Singh ASI as PW4, Dilbagh Singh as PW5, Subash Chander as PW6, Surinder Pal as PW7 and Jarnail Inspector as PW8.
(3.) LEARNED counsel for the appellants, Shri M.S. Riar, Senior Advocate has stated, that Harbans Singh son of Dewan Chand had died and thus, the appeal against him has abated. Appellant Tarlok Singh did not face trial and has been declared a proclaimed offender.;