U.N. Singh, J. - (1.) This appeal by the State arises out of a judgment dated 5.10.1999 passed by learned Sessions Judge, Patiala, in Sessions Case No. 35 T of 11.6.98/15.11.91, recording acquittal of the accused -respondents Gurnam Singh, Buta Singh, and Balihar Singh, of the charges under Ss. 302 and 307/34 IPC and Ss. 25 and 27 of the Arms Act.
(2.) As per statement of complainant Gurbax Singh, on the date of incident i.e. 26.6.1991 at about 11.00 p.m., he, and his sons, Kulwinder Singh and Sardool Singh, and other family members were lying asleep in the courtyard of their farm house. Having heard the sound of an approaching car, he got up and saw that on reaching the turning point which led to the farm house, the car was stopped, and its head lights were switched off. He made both his sons Kulwinder Singh alias Kala and Sardool Singh wake up and saw that four persons alighted from the car and were coming towards his farm house. According to him, the electric light of the courtyard was on at that time. Thus he identified them as Amrik, son of Shingara Singh (since deceased), Gurnam Singh, Balihar Singh, and Boota Singh. They all belong to his native village. Accused Amrik Singh and Gunam Singh were armed with rifles,and other two co -accused persons Boota Singh and Balihar were empty handed. Complainant's son Sardool Singh asked the accused to disclose their identity, whereupon accused Gurnam Singh is stated to have fired a gun shot towards the courtyard which failed to hit any one. Accused Balihar and Boota Singh raised Lalkara exhorting that the complainant side should not be allowed to escape. Pursuant thereto, accused Amrik fired a gun shot, which hit the son of the deceased Sinder Kaur, daughter -in -law of the complainant in her flank. Accused Gurnam Singh followed him by repeatedly firing two gun shots out of which one hit the son of the deceased Simarjit Singh in his right knee while the other on his right arm. The complainant side raised alarms " mar dita mar dita." Thereafter, the accused persons fired a gun shot in the air and fled away with their rifles from the spot while abandoning the car. The complainant further stated that about 5 -6 years prior to the date of occurrence, accused persons Buta and Balihar alongwith their father Kehar Singh, and one Baz Singh had chopped off the legs of his nephew Dewan Singh. In that case, they were convicted and sentenced by the Court. After the incident, the complainant arranged a car from the village and asked his son Sardool Singh to take the injured, Simarjit Singh and his mother Sinder Kaur, to Rajindra Hospital, Patiala. The complainant and his brother Banta Singh went to the Police Post, situated in their village, Hariayo and made the above statement before the Police which was recorded and read over to him which he endorsed and signed. The statement is Ex. PF. The complainant reached his Dera where the police also reached. However, by that time, his nephew, Harmit Singh also came back to Dera with the dead body of deceased Sinder Kaur. Pursuant to the statement, an FIR (Ex. PF/2) was registered at Police Station Patran, Patiala at 2.00 a.m. on 27.6.1991. A copy of the FIR was delivered at the place of Duty Magistrate (JMIC), Patiala, at 11.00 a.m. on 27.6.1991. The inquest of the dead body was prepared by ASI Krishan Avtar of the Police post on 27.6.1991 at 3.00 a.m. He noticed the following injuries: 1. A gun shot injury in right flank. 2. A gun shot injury on right side of the chest at lower level.
(3.) Two injuries on right arm. 3. According to the ASI, the apparent cause of death was the result of gun shot injuries. Postmortem on the dead body was conducted on 27.6.1991 by Dr. Satish Arora (PW.1), Medical Officer, Civil Hospital, Samana at 1.00 p.m. He noticed the following injuries: I. Gun shot wound (A) wound of gun shot entry 1cm x 1cm on the right side of the chest on its front, lateral aspect on its lower 1/3, 11 c.m. below the nipple line, margins were inverted, blackened, collar of abrasion was present around the wound. (B) Wound of exist Gun shot wound of exit 20 cm x 18 cm on the right side of chest and abdomen, on its posterior lateral aspect, 10 cm posterior to injury No. 1 -A, underlying fractured ribs were felt, part of liver large gut, ruptured right kidney visible over the wound. Margins were everted, irregular. II Gun shot wound (A). entry - 1 c.m. x 1c.m on the lateral side of right fore -arm in its middle 1/3, margins were inverted, blackened. (B). Exit - 2cm x 2 cm on the medial side of right fore -arm in its middle 1/3, margins were everted irregular, underlying fractured were felt. Peritoneum was ruptured. There was haemperitoneum. About one litre of blood was present. Stomach was healthy. It contained about 250 CC of semi -digested food material. Small intestines were healthy containing gas and fluids. Large intestines were ruptured on the right side, and part of it was coming out of the wound. Liver was ruptured on the right side and part of it was coming out of the wound. Kidney -right kidney was ruptured and was visible at the wound of exit. Left kidney was healthy. Urinary bladder was healthy. It contained about 60 CC of urine. Rest of the organs were healthy.;