SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The two appellants in this Criminal Appeal have challenged the judgment of the Punjab and Haryana High Court in Criminal Appeal No. 885-DB of 2003, whereby the High Court upheld the conviction of the appellants for the offence under Section 302 read with Section 34 IPC sentencing them each to undergo imprisonment for life with a fine of Rs. 1,000/- with a direction to further undergo RI for six months in case of default of payment fine.

(2.) The prosecution case is that Inspector Harvinder Singh, Station House Officer, Police Station, civil Lines, Amritsar, alongwith other officials including Balwinder Singh, ASI, Tarsem Singh, Constable, Bikram Singh, Constable, happened to be present at Chowk civil Lines, Amritsar, in connection with patrolling during the night of 14.7.2002. At about 10.45 p.m., Rajiv Kumar son of Prem Nath Sharma resident of House No. 75/5, Gulati Road, Amritsar Cantt, met them. He gave them a written application dated 14.7.2002 (Ex. PE) giving the details about the death of Sanjay Kumar @ Shammi. On the basis of the complaint, FIR (Ex. PD) was registered at the Police Station, civil Lines, Amritsar at 11:30 p.m. The deceased, cousin of the complainant, was working in Air Force MES as FGM and was residing in MES Quarter No. 23/4. He was Secretary of an Employees Union. He, however, left the aforesaid Employees Union. Two days later, he became the President of INTUC Union. Accused (1) Santokh Singh, President of Employees Union, (2) Sawarn Kumar (President of Employees Union), GE Amritsar (3) Jagsher Singh Bhola, General Secretary, (4) Gurdev Singh, FMGHS II came to the quarter of the deceased in the presence of the complainant. They said that they wanted to discuss something about the disputes of the Union. They, therefore, took Sanjay alongwith them. Thereafter, Arjinder Pal Singh @ Prince, owner of a Hotel came to their house and told them that Sanjay has been shot dead. In the complaint, it is stated that the complainant had full confidence that all the four persons who had called Shammi from his house had made Shammi drink liquor and while he was under the influence of liquor, they had shot him dead after snatching his pistol. Endorsement Ex.P/1, was made on this statement by the Inspector and sent to the police station through Constable Bikram Singh. FIR (Ex. PE/3) was recorded on the basis thereof by Balbir Singh, SI. His signature on the same was identified by Inspector Harvinder Singh when he appeared as PW-12 in the case.

(3.) The place of the incident, Hotel Genesis in the Cantonment area of Amritsar, was then visited by the Inspector alongwith other officials. The complainant Rajiv Kumar was also taken alongwith the police party. Santokh Singh and Sawarn Kumar were arrested from the spot. Licensed pistol of Sanjay Kumar was found lying near the dead body. One empty, one missed cartridge and three live cartridges were also recovered therefrom. Prithipal Singh, Sub Inspector (Finger Prints Expert) was called at that place and the pistol was got examined from him. It was opined by him that no decipherable finger print impressions were found. Santokh Singh and Sawarn Kumar (hereinafter referred to as "the appellants") were got medically examined and it was found that they had not consumed any drug or alcohol. The post mortem on the dead body of Sanjay Kumar was duly performed and the dead body was handed over to his relatives. The other two accused Gurdev Singh and Jagsher Singh @ Bhola had, thereafter, surrendered in the Court. They were formally arrested in this case on 25.7.2002. During the investigation, no witness came forward to give an eye witness account as to how the weapon was snatched from Sanjay and how he was shot with the same weapon. The investigation, however, concluded that the four accused had called Sanjay Kumar from his house. It appears that extra judicial confession was made by Jagsher Singh @ Bhola and Gurdev Singh before one Vipin Kumar son of Mulakh Raj, resident of Ram Tirath Road, Amritsar to the effect that they had killed Sanjay Kumar. It was also stated that on 13.7.2002 in the presence of Prince Masih, son of Buta Masih, all the four accused persons, had condemned Sanjay Kumar for leaving the Union and joining INTUC. They had also said that they will have to do something in that connection. The report of the Forensic Science Laboratory indicated that the pistol recovered from the site of incident was found to be in working condition. It also indicated that shots had been fired from the very same pistol. They were duly put on trial for the offence under Section 302/34 IPC and Section 25 of the Arms Act. At the trial, it was stated by Dr. Gurmanjit Rai (PW-1) that he had conducted the post mortem examination on the dead body of Sanjay Kumar @ Shammi on 15.7.2002 at 11.50 a.m. He had proved the post mortem report (Ex. PA). The report mentions that the following injuries were noticed on the deceased: