SUKHWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried for an offence under Section 302, IPC in connection with the murder of one Ajmer Singh on 11.7.1984 at about 7.30 pm. The learned Judge, Special Court, Ferozepur convicted him for the said offence and sentenced him to suffer life imprisonment. Through this appeal, under Section 14 of the Terrorists Affected Areas (Special Courts) Act,1984, the appellant has challenged his conviction and sentence.

(2.) According to the prosecution case, the appellant is married to the sister of Pal Singh. An engagement had been brought about through the instrumentality of the appellant between the daughter of Pal Singh and Lakhmir Singh son of Kashmir Singh. The deceased, Ajmer Singh and his brother, Gurmej Singh PW3 were on friendly terms with Kashmir Singh but for some reason or the other, that engagement was snapped and Lakhmir Singh was married to some other girl about 3 days prior to the occurrence. The appellant suspected that Ajmer Singh deceased and his brother Gurmej Singh PW were responsible for the snapping of the engagement. On 11.7.1984 at about 7.30 pm., Gurmej Singh PW3 accompanied by Ajmer Singh, deceased and Raghbir Singh, PW4 were going to the fields to answer the call of nature and when they reached near the bridge on the village pond, the appellant came from the opposite side wearing the robes of a Nihang and exhorted that he would teach them a lesson for getting the engagement snapped. Immediately, thereafter the appellant took out a pistol from underneath the chola (robes) that he was wearing and fired a shot at Ajmer Singh. On alarm being raised by Ajmer Singh, PW3 and PW4, the appellant fled away along with the pistol. One Major Singh, PW5 who was also present in the nearby field also witnessed the occurrence. Ajmer Singh was removed to the haveli and while he was being shifted to the Hospital at Malout, in the tractor trolley of Kashmir Singh, he expired. On reaching the hospital, the doctor pronounced Ajmer Singh dead. On information being sent by Dr.Sang Singh, Ex.P5 about the arrival of Ajmer Singh deceased at the hospital to the police station, Shri Raghubir Singh, ASI PW6 proceeded to the hospital and recorded the statement of Gurmej Singh, Ex. P-4 at about 11.45 p.m. The statement was sent to the police station for registration of a case and on its basis formal FIR Ex.P.4/8 was drawn up. A case under Section 302, IPC and Section 25, Arms Act was registered at 12.10 am. on 12.7.1984. A copy of the special report was sent to the Ilaqa Magistrate and was received by him on 12.7.1984 at about 6.30 a.m. After preparing the inquest report Ex.P.2, the dead body was despatched for post-mortem which was performed by Dr. Sant Parkash Singh, Sr. Medical Officer PW1 on July 12,1984 at about 11. a.m. The doctor found fire-arm injuries on the deceased and opined that the death had been caused due to shock and hemorrhage as a result of injury No.1, which was found to be sufficient in the ordinary course of nature to cause death. During the investigation by ASI Raghubir Singh, PW6 the rough site plan of the place of occurrence was prepared . From the spot, blood stained earth as well as an empty were collected vide memo Ex. P.8. The same were secured in separate sealed parcels. The appellant was arrested on 8.8.1984 and at the time of his arrest, he was found to be carrying with him a pistol and 7 live cartridges which were seized by the police.

(3.) At the trial, the prosecution examined Dr. Sant Parkash Singh, PW1, Draughtsman Ajit Sharma, PW2, Gurmej Singh, PW3 and Raghubir Singh, ASI PW6. Raghbir Singh PW4 and Major Singh PW5, the two other eye-witnesses were tendered for cross-examination only. The appellant denied the prosecution allegations against him in his statement under Section 313, Cr. P.C. The appellant was, therefore, convicted and sentenced for the offence under Section 302, IPC. The case under Section 25, Arms Act was separately tried.