STATE Vs. PARAMJEET SINGH

JUDGEMENT

(1.) ACCUSED respondents Paramjeet Singh, Ramesh, Khalil and Bhola stood trial for the offence punishable under section 302 read with section 34 IPC for committing the murder of Manohar Lal and his wife Hardeep Kaur at midnight intervening 25th and 26th of May 1995. Accused Birsa Singh was charged for the offence punishable under section 120 -B IPC. Accused Paramjeet Singh and Ramesh were also charged under section 25 of Arms Act. The trial court, after taking into consideration the facts and evidence, acquitted all the accused for the charges framed against them. The State has challenged the judgment of acquittal passed by the trial court.

(2.) THE facts, in brief, are that on 25.05.1995 Manohar Lal (deceased) and his wife Hardeep Kaur (deceased) were sleeping in the courtyard of their farm house while PW3 Janak Kapoor, who is resident of Indore and is son of Hardeep Kaurs brother, was sleeping inside the room adjoining the courtyard. He had come to visit her Bhuaa on that very day in the evening. Electricity bulb and tube lights were emitting light in the courtyard. In the midnight Janak Kapoor woke up after hearing some noise and from the window of the room, he saw accused Paramjeet Singh firing at his uncle Manohar Lal while accused Ramesh firing at Hardeep Kaur with their respective country made pistols. Meanwhile, accused Bhola and Khalil gave one 'patal blow each to Hardeep Kaur and Manohar Lal respectively. On receiving the injuries, both the accused died at the spot. The accused left the spot by giving threat that no one should raise any noise nor should disclose anything to anyone, otherwise he will also face the same consequences. Janak Kapoor being a heart patient got scared and he did not report the matter to the police and remained in the house itself. However, in the morning he came to know that someone had already informed the police about the occurrence. He submitted written application to SO, police station - Bajpur disclosing the above mentioned facts. He also stated in the application that occurrence was witnessed by Harnam Singh, Abdul Hakeem and Birendra Majumdar. He knew Ramesh and Paramjeet Singh, who were related to the deceased, as he had been visiting the deceased. However, he had not seen Bhola and Khalil prior to the occurrence. It further finds mention in the application that Paramjeet Singh and Birsa Singh wanted to grab the land of Manohar Lal and his family and on this account Birsa Singh, Paramjeet Singh, Ramesh, Khalil and Bhola had committed murder of Manohar Lal and his wife.

(3.) INFORMATION with regard to murder of Manohar Lal and Hardeep Kaur had already been given on telephone by PW1 Ram Prakash, Munshi of Laxmi Rice Mill, Badripur. Report in this regard had been lodged at 05.40 a.m. in the police station - Bajpur. On receipt of the information, PW8 Devendra Singh went to the spot and recorded the statements of Birendra Majumdar, Ravindra Kumar, Ram Prakash and others. Dead bodies of Manohar Lal and his wife were taken into possession after preparing the inquest reports. Inquest reports were prepared by Udai Veer Singh. Thereafter, he arrested Paramjeet Singh and Ramesh on 26.05.1995. On the same day, at about 04.45 p.m. both of them got recovered one country made pistol each. On further investigation rest of the accused i.e. Khalil, Bhola and Birsa Singh were also arrested by the police. After completion of the investigation, challan was presented and the accused were charged as referred to in the beginning of the judgment to which they pleaded not guilty and claimed trial.