SWARAN SINGH Vs. STATE OF PANJAB

JUDGEMENT

(1.) These appeals have been preferred from the decision of the Punjab and haryana High Court holding the appellants guilty under Section 302 and Section 302/34 of the Indian Penal Code (Indian Penal Code) in connection with the death of Shamsher Singh and Amar singh. The Additional Sessions Judge Ludhiana as well as the High Court accepted the case of the prosecution and found the guilt of the appellants was established beyond reasonable doubt.

(2.) The case of the prosecution was that on 24th April, 1986 at about 7.30 p. m. , karnail Singh (Public Witness 3) was driving a Car with gurmel Singh (Public Witness 4) sitting next to him and shamsher Singh and Amar Singh seated in the rear. All of them had been to village Bharthala to inquire about 'purbias' (labourers) from dilbagh Singh. They did not find Dilbagh Singh nor any "purbia" and were on their way back to Samrala when a truck started continuously blowing its horn behind the car. Shamsher singh asked c 3 to stop the car which public Witness 3 did. Shamsher Singh got down from the car and started looking at the truck to identify who the driver was. Jagjit Singh who was driving the truck, brought the truck along side the car. Jagjit Singh's son Mittar Pal (also known as lovely) and Swaran Singh were seated next to jagjit Singh in the front cabin of the truck. Swaran Singh opened the left window of the truck and shot Shamsher Singh in the chest with his 12 Bore Double Barrel Gun. Shamsher singh died on the spot.

(3.) On hearing the shot, Amar Singh got down from the car and went to the back of the truck. Then Jagjit Singh, his son Lovely as well as one Amrik Singh got out of the truck. Jagjit singh fired at Amar Singh hitting Amar Singh in the chest. Amrik Singh told Jagjit Singh to fire more shots at Amar Singh. Whereupon lovely took the 12 Bore Double Barrel Gun from Jagjit Singh and fired two more shots at amar Singh, one of which hit Amar Singh in the neck and the other in the stomach The assailants fired more shots at Amar Singh amar Singh died on the spot. While the assailants were firing shots, Satish Kumar, who got down from back of the truck also received a shot. Public Witness 3 and public Witness 4 both raised an alarm whereupon the assailants fled away firing shots in the air as they ran.