JAGJIT SINGH Vs. STATE OF PUNJAB

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 (IPC) 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 24/04/1986 at about 7.30 p.m., Karnail Singh (PW 3) was driving a Car with Gurmel Singh (PW 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 PW 3 to stop the car which PW 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 24/04/1986 at 9.30 p.m. Karnail Singh (PW 3) lodged a First Information Report at the Police Station, Samrala. SI Karnail Singh, S.H.O. P.S. Samrala (PW 5) went to the site and took possession of the truck, the car, the registration papers, the blood stained earth from near the dead bodies of the deceased, two empty cartridges from the cabin of the truck and four empty cartridges from near the dead body of Amar Singh. According to the PW 5 he found Satish Kumar who had been wounded at the spot and sent him to the Civil Hospital, Samrala. He then prepared an inquest report and sent the dead bodies for post mortem to the Civil Hospital, Samrala.