PALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant along with Rai singh. Ganpat and Bhaga Singh were sent up for trial in connection with the murder of Ram Pratap, nephew of the first informant Gopi Ram. P. W. 5. The appellant was charged for offences under S. 302, 307/3, Indian Penal Code and S. 25 Arms Act: Rai singh for offences under S. 302/34,307.1. P. C. and S. 25 of the Arms Act, Ganpat for offences under Section 302 read with S. 34 and 307, I. P. C. and Bhaga Singh for an offence under Section 30, of the Arms Act. After trial, the learned Judge of the Special court at Ferozepur acquitted Ganpat and bhaga Singh. The appellant was imposed the sentence of life imprisonment for the offences under section 302, Indian Penal Code and rigorous imprisonment for 14 months for the offence under Section 25 of the arms Act. Rai Singh was sentenced to undergo 14 months R. I. for the offence under Section 25, Arms act. Rai Singh has not filed any appeal against his conviction and sentence. The State has also not filed any appeal against the acquittal of Ganpat and Bhaga singh. The appellant Palia has filed this appeal under Section 14, of the Terrorists Affected Areas (Special courts) Act, 1984.

(2.) The prosecution case is that about 7 months prior to the occurrence, Police from Sirsa came to village Karandi in order to arrest Palia appellant in a case under the Arms Act. On reaching the village they made enquiries about the whereabouts of the house of Palia. Palia appellant, suspected that P. W. 5 had given information to the police against him. On 15/02/1984 at about 5.30 p. m. Gopi ram, P. W. 5 was standing in front of his house along with Ram Pratap deceased. Palia armed with a pistol, Rai Singh and Ganpat armed with 12 bore guns came there. Ganpat raised a lalkara exhorting his companions to finish Gopi Ram, P. W. 5, Palia, appellant, fired from his pistol. Gopi Ram, P. W. 5. got aside and the shot hit Ram Pratap who on receipt of the injury fell down. Rai Singh and Ganpat then fired one shot each towards Gopi Ram, P. W. 5, but none hit him. After making unsuccessful attempt on the life of Gopi Ram P. W. 5, the appellant along with his co-accused went away from the spot. Gopi ram. P. W. 5 left for Police Station Sardulgarh and met Joginder Singh, SHO P. W. 7 at the bus stand and narrated the occurrence to him. His statement ex. P-7 was recorded at the bus stand by Joginder singh, P. W. 7, SHO at 7.30 p. m. The same was sent to the police station for registration of the case and formal FIR Ex. P-7/b was registered. Copy of the fir was despatched to the Ilaqa Magistrate, who received it on 16/02/1984 at 10. 40 a. m. Ram Partap who had been seriously injured was taken to the Primary Health Centre from where Dr. Arun Kumar P. W. 1 referred him to the Civil hospital at Mansa. Within a few hours of his arrival at the Civil Hospital at Mansa, Ram Partap succumbed to the injuries. On the request of the police the post-mortem on the dead body of Ram Partap was performed by Dr. Jankar Raj Goel P. W. 3.11 injuries were noticed on the body of the deceased. P. W. 3 opined that the injuries on the deceased had been caused by fire arm.

(3.) The appellant was subsequently arrested on 19/02/1984 along with a pistol loaded with a cartridge. One more cartridge was recovered during the search of the appellant. Rai Singh and Ganpat were arrested on 24/2/1984 and at that time Ram singh was carrying a 12 bore gun.