MANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this appeal under section 14 of the Terrorists Affected Areas (Special courts) Act, 1984 the appellant challenging their conviction and sentence recorded by the learned judge, Special court, Ferozepur vide order dated 6/03/1985.

(2.) According to the prosecution case, on 29/5/198484 at about 4.30 a. m. while the deceased Chamkaur singh was sleeping on the roof of his house, the appellant Mander Singh armed with a pistol and appellant Gura Singh armed with a dang trespassed into his house and came to the roof. Swaranjit Kaur, pw 3. wife of the deceased, who was sleeping on a separate cot, woke up upon hearing the noise of the firing of a gun shot and found the appellants present near the cot of the deceased. She raised an alarm whereupon Karnail Singh Public Witness 4 and Joginder Kaur. sister of the deceased arrived at the place of the occurrence from their respective houses. The appellants were seen running away with the weapons by karnail Singh. Public Witness 4 and Joginder Kaur. Swaranjit kaur Public Witness "3 reached near her husband and found him dead. She accompanied by Bhallan Singh pw 5 and malkiat Singh Sarpanch went to police station Bagha purana and lodged the FIR at 6.15 a. m. The Investigating officer Mukhtiar Singh. Public Witness 6 arrived at the scene of occurrence and carried out investigation and recovered an empty shell from the spot. The dead body of Charnkaur Singh was sent for post mortem examination to Civil Hospital. Moga and the post mortem was performed at about 12 noon on 29/5/1984 by Dr. Jawahar Lal Aggarwal. In the opinion of the doctor the death was caused due to shock and haemorrhage as a result of the fire shot injuries. Both the appellants were arrested on 2/6/198484 by Baikal Singh, Assistant Sub-Inspector, pw. 7. From the search of Mander Singh appellant pistol. Ex. MO/4 and two cartridges were taken intopossession. They were sealed into a parcel which was deposited with the head constable of Malkhana. On completion of the investigation the appellants were tried for the offences under Section 449 and 302 read with 34 of the Indian Penal Code. After the prosecution evidence was led, the appellants were examined under Section 313, Cr. P. C. The appellants denied the prosecution allegations against them. The plea of gura Singh, appellant was that since he had given evidence against Charnkaur Singh in an injury case therefore he had been falsely implicated. He produced copy of the judgment, Ex. D I, of the said case.

(3.) Before the learned Judge of the Special court, the parties did not dispute that Chamkaur Singh had died as a result of firing while he was lying on the cot on the top of his roof. Neither the death by fire arm nor the place of occurrence was disputed. The trial court considered the evidence of Swaranjit Kaur pw 3 and Karnail Singh Public Witness 4. whose presence was most natural and came to the conclusion that the prosecution had established the guilt of the appellants beyond a reasonable doubt and convicted and sentenced them.