DILBAG SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This is a criminal appeal filed by Dilbag Singh son of Shri Chanan Singh and has been directed against the judgment and order dated 17-1-1997 passed by AddI. Sessions Judge, Amritsar, who convicted the appellant under Section 307 IPC and sentenced him to undergo R.I. for a period of 7 years and to pay a fine of Rs. 3.000/-. In default of payment of fine the appellant was directed to undergo R.I. for 6 months.

(2.) The brief facts of the case are that on 21-11-1995 at about 9.00 p.m. Mukhtiar Singh PW was talking with Balwinder Singh in the common courtyard of his house and that of his brother Malook Singh. Sukhwinder Singh and Rachhpal Singh nephews of Mukhtiar Singh PW also stood near Mukhtiar Singh and Balwinder Singh. The electric bulbs were burning in the courtyard and the street as well. In the meanwhile, Gurnam Singh accused empty handed. Dilbag Singh accused armed with DB BL gun. Ajit Singh accused armed with DB BL gun. Khazan Singh accused carrying Datar and Satnam Singh accused duly armed with Kirpan came in the open site lying vacant in front of the house of Mukhtiar Singh. Gurnam Singh accused raised lalkara exhorting his coaccused to riddle the body of Mukhtiar Singh by repeated firing and he should not be allowed to go alive. Upon this, Dilbag Singh and Ajit Singh started firing towards Mukhiar Singh PW With an intent to kill him. Mukhiar Singh laid himself on the ground as a result of which he could not be hurt. Rachhpal Singh however, was hit on his left ear, left cheek and right side of his back by firing. The fire also hit Balwinder Singh on his right shoulder, both sides of his chest, neck and the temple of his for head. Sukhwinder Singh PW also received fire arm injuries in the left and right side of his chest. Chanan Singh PW. who was sitting inside the house of Malook Singh had witnessed the occurrence. Thereafter, the police party headed by Amrik Singh. HC came there while shouting that they have reached. Then the accused took to their heels with their respective weapons while raising lalkara. All the injured persons were removed to Guru Nanak Dev Hospital. Amritsar by Mukhtiar Singh PW. where they were medico legally examined. Chanan Singh PW had met Amrik Singh. HC in the house of Mukhiar Singh and had told that Balwinder Singh. Rachhpal Singh and Sukhwinder Singh have been removed to Amritsar as they had sustained fire arm injuries. There was none in the house of Mukhitiar Singh. Chanan Singh also went away after giving the information to Amrik Singh HC, who informed the SHO of Police Station Ajnala about the incident on wireless. Sukhwinder Singh, SI/SHO. Police Station Ajnala along with some other police officials reached the place of occurrence and he recorded the statement Ex. PB/i of HC Amrik Singh, who was present at the spot. It was sent to the police station for the registration of case on the basis of which formal FIR Ex.PB/3 was recorded. In the next morning at about 6.30 a.m. the place of occurrence was inspected in the presence of Chanan Singh PW. Four empty cartridges Ex. P1 to Ex. P4 were recovered and the same were taken into possession vide memo Ex. PC which was attested by ASI Harjit Singh and Chanan Singh PW. SI Sukhwinder Singh also prepared rough site plan Ex. PK of the place of occurrence. He recorded the statements of the witnesses and the injured persons. On 30-11-1995, house of Dilbag Singh accused was raided, where Dilbag Singh and Khazan Singh accused were found present. Firstly, Dilbag Singh was arrested and interrogated. In pursuance of his disclosure statement Ex. PD he got recovered a gun and five cartridges, which were taken into possession vide recovery memo Ex. PE. Khazan Singh accused was also interrogated about the weapon of offence and he got recovered a Datar which was taken into possession vide recovery memo Ex. PH. On 4-12-1995, Ajit Singh accused was arrested. On 9-12-1995, Gurnam Singh accused was arrested. On 14-12-1995, Satnam Singh was produced before SI Sukhwtnder Singh in the police station along with a Kirpan, which was taken into possession and the accused was arrested. On completion of investigation of the case, the accused were challaned in the Court of Area Magistrate, who supplied the copies of documents to the accused and vide commitment order dated 14-2-1996 committed the accused to the Court of Sessions in order to face the trial.

(3.) Vide order dated 15-4-1996, all the five accused were charge-sheeted under Sections 148, 307 and 307/149, IPC. The charges were read over and explained to the accused to which they pleaded not guilty and claimed a trial.