THAKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Thakar Singh and Mukhtiar singh, appellants herein along with one Avtar Singh were sent up for trial for various offences to the court of the learmed Judge. Special court, Ferozepur. While Avtar Singh was acquitted. Thakar Singh and mukhtiar Singh were convicted and sentenced. Through this appeal under Section 14 of the Terrorist affected Areas (Special courts) Act they have questioned their conviction and sentence.

(2.) According to the prosecution case. on 2 9/03/1984. Gurdip Singh PW3 had gone from his village Bullo to Shahwala to attend Akhandpath at the house of Gurcharan Singh PW4. After the akhandpath Gurdip Singh and Gurcharan Singh went to the fair at the grave of Peer Sheikh Sultan. Gurdip Singh PW3. along with his son Gurnam singh (deceased) and Gurcharan Singh. PW4 were returning to their homes after attending the fair when the appellants came there in a tractor trolly driven by avtar Singh co-accused. On spotting the complainant party Thakar Singh raised a lalkara to finish the father and the son. whereupon. Mukhtiar Singh. appellant fired from his gun hitting Gurnam Singh. son of Gurdip Singh PW3. Gurdip Singh PW3 thereupon raised an alarm. Thakar Singh, appellant snatched the gun from Mukhtiar Singh and fired four more shots from the gun resulting in the death of jassa Singh and injuries to Gurcharan Singh PW4. Shamsher Singh pw 5. Makhan Singh. Jarnail Singh. Gurmej Singh. Baldev Singh. Atma Singh and Jit singh PWs. The appellants, thereafter, left the spot in the trolly. The occurrence took place at about 5.30 p. m. and leaving the dead body in the charge of Inder singh Nambardar and the village chowkidar Gurnam singh left for Police Station Zira to inform the police. First Information Report was lodged at the police station at 6.10 p. m. by Gurnam Singh. The special report reached the Illaqa Magistrate at 8 p. m. on the same day. The injured were removed to the hospital. Balkar Singh SHO Public Witness 12. on receipt of the information about the arrival of the injured at the hospital proceeded to the hospital and recorded their statement. He also prepared the inquest report of the deceased and collected blood stained earth from the spot vide seizure memo Ex. P. 50. One empty cartridge was also recovered from the spot and seized vide memo. Ex. P. 51. Both the appellants, along with Avtar Singh surrendered before Balkar Singh. SHO Public Witness 12 on 8/04/1984. They were taken into custody. Mukhtiar Singh appellant produced his licensed gun and the same was taken into possession by PW12. The empty cartridge and the scized gun were sent to the Director. Forensic Science Laboratory. Chandigarh, who submitted his report to the effect that the empty cartridge had been fired from the said gun.

(3.) The prosecution with a view to connect the appellants with the crime, examined Dr. J. S. Gujral pw1. Bachan Lal PW2. Gurdip Singh, father of gurnam Singh (deceased) PW3, Gurcharan Singh pw4. Shamsher Singh pw 5 and Balkar Singh PW12. The other injured witnesses and some other formal witnesses were offered from cross-examination. They are PW6 to Public Witness 11.