SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the Designated Court, Amritsar, in Sessions Case No. 24 of 1995. The Designated Court convicted him under Section 302 read with Section 34, IPC and Section 3 of the TADA Act.

(2.) The case of the prosecution was that on 6-5-92 at about 7.00 p.m., the appellant along with Paramjit Singh alias Pamma, Sarwan Singh alias Jhaj and Hardip Singh alias Deepa went to the house of Sajjan Singh. They were in military uniform and carried fire-arms. The appellant had one A.K.-47 rifle. All of them entered the house of Sajjan Singh and demanded keys of 'chobara' from his son Attar Singh. As Attar Singh refused to hand over the keys, there was grappling between Attar Singh and those persons. Seeing this incident his son Sukhwant Singh ran out of the house to inform the village people and also to CRPF officials who were present in the village. Meanwhile the accused entered the house, fired some shots. The shot fired by the appellant hit Attar Singh and led to his death.

(3.) In order to prove its case, the prosecution relied upon the evidence of three eye-witnesses Sajjan Singh (PW-1), Hambar Singh (PW-2) and Satwinder Kaur (PW-3). It is not necessary to refer to the medical evidence and other evidence. The Designated Court believed the three eye-witnesses and convicted the appellant. The other three accused were later killed in a police encounter and, therefore, the trial had proceeded only against the appellant.