KARMAJIT SINGH ALIAS PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the night intervening between 7th and 8th Oct. 1991 in the wee hours at about 12.00 in the midnight, some unknown persons who were stated to be armed with guns came over the roof of the house of Bhag Singh, ASI and attacked the inmates thereof by opening fire and killing six persons, Bhagwan Kaur, Gurmeet Singh, Darshan Singh and Parson Singh and another Gurmeet Singh and Sukhdev Singh, while Jit Singh and Manpreet Singh sustained serious injuries on account of bullet shots received by them. In addition the marauders burnt the house, scooter and several other valuable articles.

(2.) On a report being made in the police station, investigation was taken up and a charge-sheet was laid against three persons for offences under Sections 302, 307, 436, IPC read with Section 3 of the TADA. However, Jaswant Singh, Sukhwinder Singh, the firs two accused, could not be apprehended nor did they appear even after the Court proclaimed them to be offenders. In their absence, the third accused, Karamjit Singh, alone was tried for the charges as stated earlier. The accused pleaded not guilty and claimed to be tried. Several witnesses were examined and statement under Section 313, Cr.P.C. was also recorded.

(3.) A careful perusal of the evidence on record clearly indicates that the incident, as alleged, did take place on the fateful night of 7th and 8th Oct. 1991, as a result of which, six persons were killed and others injured, that fire was set to the house and several other valuable articles were destroyed. These facts are also not seriously disputed in view of the abundant evidence on record in the shape of the testimony of members of the family of Bhag Singh, police witnesses and medical evidence.