LAWS(SC)-1995-11-120

JARNAIL SINGH Vs. STATE OF PUNJAB

Decided On November 23, 1995
JARNAIL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The appellant along with four others, including his father, brother and nephew, was tried by the learned Additional Session Judge, Amritsar for rioting, committing murders and attempting to commit murders. The learned Judge convicted the appellant and his brother Sukhwinder Singh under Section 302 read with Section 34 IPC (on two counts)and sentenced each of them to suffer imprisonment for life and to pay a fine of Rs. 2,000/- in default, to suffer rigorous imprisonment for one year, while acquitting the other three. In appeal, preferred by the two convicts, the High court affirmed the conviction and sentence of the appellant bUT acquitted Sukhwinder Singh. Hence this appeal by the appellant after obtaining special leave.

(2.) The prosecution case in brief is that on October 27,1997 at or about 9 A. M. the acquitted accused Sukhwinder Singh was preparing a path to his behak (farm house) by dismantling the water course of Sukhdev Singh (one of the two deceased) and his brothers running through their lands while Gurmej Singh (since acquitted), father of the appellant and Sukhwinder Singh, was standing nearby. This was objected to by Sukhdev Singh, his brothers Surjit Singh (the other deceased), Dhanwant Singh (PW4) and Manohar Singh (PW 6) which led to an exchange of hot words and abuses between the parties. Thereafter Gurmej Singh and Sukhwinder Singh left for their behak and the two deceased and their brothers for their village Khatra Khurt. On their way to the village when the latter group had reached the janj ghar (place for marriage parties) the five accused along with one Joginder Singh (since absconding)accosted them. Except Gurmej Singh who was unarmed, all had rifles in their hands. Gurmej Singh raised a lalkara saying that they should be taught a lesson for stopping them from preparing the path to their behak whereupon Joginder Singh fired from his rifle hitting Surjit Singh in his chest. Then the appellant fired from his rifle hitting Sukhdev Singh on his back. Sukhwinder Singh also fired from his rifle which hit Sukhdev Singh on his left shoulder. On being so fired at, both of them fell down on the ground. The other accused persons also fired from their rifles aiming at Dhanwant Singh and Manohar Singh but their shots hit the walls of the nearby house of Ajit Singh. Thereafter all the accused persons fled away.

(3.) The witnesses then took injured Sukhdev Singh and Surjit Singh to their house nearby but by then they had succumbed to their injuries. Dhanwant Singh then went Majithia police station and lodged a First Information Report. S. I. Janak Raj (P. W. 12) registered a case on that report and left for village Khatra Khurt. He first went to the house of the deceased and after holding inquest upon the dead bodies sent them for post-mortem examination. He then went to the place of occurrence and seized some blood stained earth and also some pellets found embedded on the walls of the house of Ajit Singh. After receipt of the report of the post mortem examination held on the two dead bodies by Dr. Harish Chander Vaid (PW 5) and on completion of investigation S. I. Janak Raj submitted charge sheet and in due course the case was committed to the Court of Session.