KABUL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal preferred under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984 the six appellants challenge the order of conviction and sentence recorded against them under Sections 148,307,307/149,324,324/149, 323,323/149 of the Indian Penal Code by the Additional Judge, Special Court, ludhiana.

(2.) The prosecution case that on April 13,1984 at or about 8 P. M. when Bhajan Singh and his son Chain Singh were sitting on the phirni in front of their house in village Mangli Tanda, the six appellants came there shouting that Bhajan singh should not be spared of the appellants, Amar Singh, Mukhtiar Singh and chand Singh were aimed with lathis, Kabul singh with a double barreled gun and roshan Singh with a takua Immediately after reaching there Kabul Singhired a shot from his gun aiming at and causing injuries to Chain Singh. When Bhajan Singh stepped forward he met with the same fate at the hands of Kabul Singh. On being so hit both of them raised alarms and hearing the same Mela Singh, Jaimail Singh, Sucha singh, Smt Mayaand Smt. Chindo reached there. Seeing them the appellants Mukhtiar singh, Chand Singh and Roshan Singh started assaulting them with then-respective weapons. Finding no other alternative, when the victims started hurling brickbats towards them, the appellants fled away. On that very night the injured Bhajan Singh, chand Singh, Smt. Maya and Chindo went to the Civil Hospital, Ludhiana for their treatment while the other three namely, jamail Singh, Mela Singh and Sucha Singh got themselves examined at the local Primary Health Centre as their injuries were minor.

(3.) On the following morning, ASI mulkh Raj. of Police Out Post Kalanwent to Civil Hospital, Ludhiana on receipt of a wireless message from Sahnewal Police station and recorded the statement of bhajan Singh (Ext/pcc). He forwarded the statement to the police station for registering a case thereupon and took up investigation. He went to the spot and got a site plan prepared. Besides he seized some blood stained earth and two empty cartridges and in due course sent the same for examination by experts. In course of the investigation he also seized the licensed gun of appellant kabul Singh and sent it to the Ballistic expert. After examining the witnesses and completing the formalities of investigation the Investigating Officer submitted charge-sheet against the appellants.