KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant herein was arrayed as Accused No. 4 before the trial court. He along with one Baldev Singh was allegedly hired to kill Rajbir Singh (deceased) by Nirpal Singh, Nardev Singh and their father Pargat Singh.

(2.) A First Information Report was lodged by Harinder Singh son of the deceased. The incident occurred at about 7.45 a.m. on 15.10.1997 at village Behman Diwana. The family members of informant are agriculturists. The informant and his father had gone to their field situated at Niai Wala. They gave some instructions to their agricultural workers. When they were returning back on foot to their village, the deceased was walking 30/35 steps ahead of the informant. When his father reached near the Circular Road of the village, two persons covering their bodies with khes were standing there. They raised exhortations to kill him. Hearing that, the deceased started running towards the street leading to the village. He was followed by both the said persons. They opened fire from their pistols which they had been holding in their respective hands. The shots fired from the pistols hit the deceased on his back. He fell down with his face downward in front of the house of one Budha Singh. The door was closed. The informant raised an alarm. Hearing it they fled away towards the Circular Road. Harinder Singh could not identify them immediately but in the FIR he claimed that he would be able to do so. In the First Information Report itself needle of suspicion was pointed out to Nirpal Singh, Nardev Singh and their father Pargat Singh as they had land dispute with the deceased. The deceased was taken to hospital. He breathed his last at the hospital.

(3.) The investigating officer came to the spot. He prepared a site plan. In the said plan, the veracity whereof is not in dispute, the place wherefrom the informant witnessed the occurrence was shown. It was marked as Point A in the site plan. Point B was also shown from where the appellant and Baldev Singh were said to be present. The incident was seen by Gurbux Singh (PW-3) and Gurmit Singh. Their statements were recorded on the same day near the place of occurrence. They had named the assailants, the appellant being one of them.