PREM SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) These appeals by the victim as well as by the State are directed against the judgment dated 24.07.2013 whereby the High Court allowed the appeal of the accused and set aside the judgment of the trial court whereby the respondents herein were convicted for various offences punishable under Sections 148, 302/149 of the Indian Penal Code (IPC for short) and Section 25 of the Arms Act, and sentenced to various terms including life imprisonment.

(2.) We do not intend to give detailed facts of the case. The gist of the case is that on 25.05.2005, accused Jagir Singh had caused injuries to Palwinder Kaur, who is the sister-in-law of Prem Singh (PW-1). Prem Singh (PW-1) had gone to the milk chilling centre at Lopoke, because his father was contesting election being contested there. At about 3.15 PM, Prem Singh (PW-1), along with Major Singh (PW-2) proceeded to Civil Hospital at Lopoke to see his sister-in-law, Palwinder Kaur. Satinder Pal Singh (since deceased) was already there in the Hospital.

(3.) When these two witnesses reached the Hospital, they found a Tata Sumo vehicle bearing registration no. PB-02-AL-5478 was parked outside the Hospital. Accused Sardul Singh alias Kalu came out of the Tata Sumo with a knife in his hand. Accused Sawinder Singh raised a lalkara (exhortation) that Satinder Pal Singh should be killed. Thereafter, Sardul Singh inflicted a knife blow on the person of Satinder Pal Singh which hit both sides of his abdomen and chest. Satinder Pal Singh tried to run away, but in the meanwhile accused Sukhdev Singh, Resham Singh, Sawinder Singh and Swaran Singh, who were armed with rifles came out of the sumo vehicle and fired at Satinder Pal Singh, which hit him on the forehead, right ear, eye and back of the head. Thereafter, he fell down. Prem Singh (PW-1) and Major Singh (PW-2) raised alarm. All the accused ran away with their respective weapons after jumping over the boundary wall of the Hospital, leaving behind the Tata Sumo and one motorcycle.