RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals by special leave arise out of a common judgment and order dated 17th March, 2009, passed by a Division Bench of the High Court of Punjab and Haryana whereby Criminal Appeals No. 572-DB of 2004, 603-DB of 2004, 646-DB of 2004 and Crl. Revision No. 2410 of 2004 have been dismissed while Crl. Appeals N0.1362-SB of 2004, and 1388-SB of 2004 have been allowed. Criminal Appeals No. 585-DB of 2004 and 1314-SB of 2004 have been similarly allowed by the High Court but only in part and to the extent indicated in the judgment under appeal.

(2.) The factual backdrop in which FIR No. 412 dated 3rd May, 2001, Under Sections 302, 307, 148 and 149 Indian Penal Code and Sections 25, 27, 54 and 49 of the Arms Act came to be registered at Police Station Sadar, Patiala and a charge sheet based on the investigation conducted in the said case and in cross case No. SC No. 58T/FTC dated 23rd April, 2004 came to be filed before the Additional Sessions Judge (Ad hoc), Patiala, have been set out at length by the Trial Court as also the High Court in the judgments impugned before us. It is, therefore, unnecessary to recapitulate the same over again except to the extent it is absolutely essential to do so for the disposal of these appeals.

(3.) Briefly stated, FIR No. 412 dated 3rd May, 2001 was registered on the basis of a statement made by Ranjit Singh (PW 11) to the effect that on 3rd May, 2001 at about 4.30/5.00 A.M. The informant was along with his brother, Amrik Singh and nephews, Vikramjit Singh, Shavinderjit Singh, Ramandeep Singh and Gobind Singh harvesting the wheat crop grown by Amrik Singh over a parcel of land in their possession situate in village Chuharpur Kalan, District Patiala, when a mob comprising several persons named by the informant armed with guns and other weapons like Gandasi, Kirpan and Dangs came from the village side shouting that they should not allow the complainant party to escape and should teach them a lesson. Those with guns in the mob started firing at the complainant party. Gunshot injuries sustained by Amrik Singh and his son Vikramjit Singh felled them to the ground. The informant's nephew Shavinderjit Singh also received a gunshot injury. The mob then assaulted the complainant party including Amrik Singh and his son Vikramjit Singh with sharp-edged weapons no matter the two had already collapsed to the ground because of the firearm injuries. They also attacked the informant and Shavinderjit Singh. The informant further stated that Ramandeep Singh and Gobind Singh who had concealed themselves behind the harvesting combine raised an alarm and cried for help whereupon the accused fled away from the spot with their respective weapons.