- (1.) THIS order will dispose of Criminal Appeal No. 279 DB of 2005 filed by Makhan Singh and Tarsem Lal, accused and Criminal Appeal No. 423 DB of 2006 filed by Manoj Kumar accused against their conviction under Sections 302/307/392 IPC, for which they have been sentenced to undergo imprisonment for life and other sentences, which are concurrent with the life imprisonment, and fine.
(2.) AJIT Singh PW8 made statement Ex.PJ on 28.5.2000 at 11.15 PM, which led to registration of FIR. The statement is to the effect that Ajit Singh PW8 was a teacher in a primary school in District Jalandhar. He was friend of Karnail Singh, deceased who was also a teacher in a neighbouring school. Rajwinder Kaur, daughter of Karnail Singh was married to Sukhjinder Singh in February 2000. Sukhjinder Singh was living in England. His wife Rajwinder Kaur was to go to join her husband on 30.5.2000 from Delhi Airport. On 28.5.2000, PW8 Ajit Singh, deceased Karnail Singh, his nephew Sukhwinder Singh (sister's son) PW9, Rajwinder Kaur, Jaswinder Kaur, Surinder Kaur PW6 and Balbir Kaur PW25 left for Delhi in a Trax vehicle. At 10 PM, they reached near Country/English wine shop, GT Road, Samani ahead of Pipli. They decided to purchase a bottle of liquor. Ajit Singh, Karnail Singh and Sukhwinder Singh went to the liquor shop. Ajit Singh went inside the shop ahead while Karnail Singh and Sukhwinder Singh were also with him. He took out a currency note of denomination of Rs. 500/ -and gave it to the employee of the liquor vend. Karnail Singh offered to make payment of Rs. 200/ from smaller denomination currency and took out two currency notes of denomination of Rs. 100/ - each. Ajit Singh had a sum of Rs. 50,000/ -with him. The employee of the liquor vend snatched that amount from him. Ajit Singh held the said employee in his grip to take the money back. Karnail Singh and Sukhwinder Singh also intervened to recover the amount. The said employee fired from a pistol which hit in the stomach of Sukhwinder Singh. He fired another shot which hit Karnail Singh, deceased on his forehead. Karnail Singh died on the spot. He also fired another shot in the stomach of Sukhwinder Singh. Thereafter, he ran away. Ajit Singh followed to catch him. Rajwinder Kaur, wife of Karnail Singh and Jaswinder Kaur came in front of the liquor vend after hearing the sound of bullet. Ajit Singh heard the noise of the girl that their father had died. He left chasing the culprit and returned back. There were three other boys in the shop who also ran away. He asked Sukhwinder Singh to take the vehicle to Pipli to inform the police. Sukhwinder Singh drove the vehicle towards Pipli and met ASI Simru Ram PW30. The boy who had fired was 25 -30 years, wheatish colour, slim body, clean shaven and was wearing white shirt and could be identified. PW30 ASI Simru Ram on receiving a telephone message that a fire shot had taken place, was proceeding towards the liquor vend and he met Ajit Singh. He sent the dead body of Karnail Singh to L.N.J.P Hospital, Kurukshetra and prepared rough site plan. He also recovered blood stained earth, T -shirt and brick. He also recovered one 'Parna' and one copper ring. He also joined Vijay Kumar, Rajesh Kumar and Vinod Kumar, owner and employees of liquor vend and others in investigation. Jaswinder Kaur and Rajwinder had gone abroad. After completing investigation, he sent up the appellants for trial. During investigation, Ajit Singh PW8 filed a petition in this Court under Section 482 Cr.PC being Criminal Misc. No. 23939 M of 2000, Ex.D1, which was decided on 8.11.2000. The grievance in the said petition was that the police officials were trying to hush up the matter against the owner and employees of the liquor vend who were involved in the crime and the investigation be handed over to CBI or any other independent agency. In the reply filed by Deep Ram, Incharge CIA Staff, Kurukshetra, it was stated that the petitioner himself had denied involvement of liquor contractor and his employees and real employees were the appellants.
(3.) IT was submitted on behalf of PW8 Ajit Singh that the culprits were owner and employees of liquor vend who were being named as eye witnesses by the local police. Taking this into account, this Court directed that investigation be handed over to the Crime Branch to be investigated by an officer not below the rank of Superintendent of Police of the Crime Branch. Operative part of the order of this Court is as under: The present case pertains to a case of robbery and murder besides attempt to murder. Admittedly, the case is still at the stage of investigation. According to the petitioner, who is injured complainant, the persons who have been named as eye witnesses by the local police, in fact, are the culprits. After hearing the learned Counsel for the parties and after taking into consideration the facts and circumstances of the present case in my opinion, it is a fit case where the investigation of this case should be transferred from the local police/CIA staff, Kurukshetra, to the crime Branch of the Haryana Police so that the matter may be thoroughly investigated and the real culprits are brought to book.;