NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In village Bapla, Police Station Mehal Kalan, District Sangrur a very serious occurrence took place on the 18th September, 1972 in which three persons were killed by fire-arms. The occurrence is said to have taken place at about 7.30 A. M. Gidho Puri, P. W. 4, his wife Gurdial Kaur, P. W. 5 and their son Labh Puri - (one of the victims) were present in their house. Appellants Nachhettar Singh, Dalip Gir and Balwant Gir, according to the prosecution case, came from the side of village Seth raising Lalkaras. Nachhettar Singh had a rifle, Dalip a gun and Balwant Gir was armed with a gandasa. They caught hold of Labh Puri, dragged him out of his house and took him to the Court-yard of Balwant Gir across the lane, Gurdial Kaur tried to save him but Nchhattar Singh gave her a blow with the butt end of his rifle on her right shoulder. In the Court-yard of Balwant Gir, Nachhattar Singh is said to have fired his rifle at Labh Puri and caused his death.

(2.) The prosecution story further runs thus. In the house adjacent to that of Gidho Puri were living Paras Puri and Chhota Puri - the other two persons killed in the occurrence. They are nephews of Gidho Puri. Their mother is Jangir Kaur, P. W. 6. Paras and Chhota slipped out of their house and started running towards the house of Fateh Din, Sarpanch, P. W. 8. The three appellants pursued them. Nachhattar fired a shot from his rifle which is said to have hit Paras on his back, Jangir Kaur followed them. Paras entered the house of Fateh Din while Chhota entered the house of one Nikka Kumhar. Niamat, P. W. 7 is the mother of Nikka Kumhar. The appellants entered the room of Nikka. It is said that Nachhattar fired his rifle at Chhota and Dalip fired two shots on him with his gun. Chhota died on the spot. Jangir Kaur tried to intervene. But Dalip kept her away by giving her blows with the butt end of his gun. The appellants carried the dead body of Choota to the Court-yard of Balwant. Then they came to the house of Fateh Din where Niamet, P. W. 7 was present. From there the appellants took Paras alive to the Court-yard of Balwant. Jangir Kaur fallowed them entreating the appellants to spare Paras. Balwant caught hold of the gun of Dalip, fird at Paras and caused his death. The appellants then fired more shots and left the place.

(3.) Gidho Puri went to Police Station which was at a distance of 10 miles from village Bapla and lodged the First Information Report at 11.00 A. M. It was recorded by the Station House Officer Prem Singh, Sub-Inspector P. W. 15. The prosecution case stated above in brief is the one as told by the four eye-witnesses in court, namely, Gidho Puri, P. W. 4, Guridal kaur, P. W. 5, Jangir Kaur, P. W. 6 and Niamat, P. W. 7. The story told by Gidho Puri in the First Information Report is substantially the same with this difference that in the Report Ext. PM Dalip Gir is said to have fired shot in the lane which hit upon the back of Paras Puri. The part played by P. Ws. 5 and 6 and the causing of injuries to them is not found to be in the F. I. R. Station House Officer Prem Singh after recording the F. I. R. left for the place of occurrence and reached there at about 1.00 p. m. on the 18th Sept. 1972. There he took various steps in the process of investigation of the case, such as, preparing of Inquest Reports, Seizure list of the recovery of the empty cartridges, wads, blood stained earth etc. and noting down the statements of the witnesses. When he had completed the recording of statements of the witnesses at about 5.40 p.m. he received information that the appellants were hiding themselves in a field nearby wherein was standing the crop of Gowara. Sub-Inspector Prem Singh went to the field and claimed to have arrested the three appellants in the field which was at a distance of about 250 yards from the Basti. Nachhattar was arrested with his licenced rifle and 20 cartridges, Dalip with his licenced double-barrel gun and four cartridges and Balwant with a double-barrel gun and six cartridges. He prepared the recovery memos of the firearms and the cartridges.