STATE OF UTTARANCHAL Vs. SATNAM SINGH

JUDGEMENT

(1.) SINCE all the above titled appeals arise out of a common judgment, they are being decided by this Court altogether by a common judgment.

(2.) THE above titled appeals, preferred under Section 378 of Code of Criminal Procedure, 1973, are directed against judgment and order dated 31.1.2001 passed by the Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 66 of 1998 State v. Balbir Singh and others, Sessions Trial No. 67 of 1998 State v. Satnam Singh and Sessions Trial No. 68 of 1998 State v. Gurbaj Singh, whereby the accused respondents have been acquitted of charge of offences punishable under Sections 147, 148, 149, 307, 302 of Indian Penal Code, 1860 (for short, IPC), and Sections 25 & 30 Arms Act.

(3.) PROSECUTION story, in brief, is that on 27.5.1998 at about 11:30 a.m., an FIR was lodged by Kishore Chandra (informant), s/o Sohan Lal at Police Station Gadarpur, District Udham Singh Nagar stating that on 27.5.1998 at about 9:15 a.m., Kishore Chandra (informant), Karnail Singh (deeased), Preetam Singh (PW3), Manohar Lal (PW5), Ramesh Kumar, Dharmpal (PW4) and Satpal (PW2) along with some other persons were assembled at the intersection (chauraha) of Village Khempur and were waiting for the people who had to come from Gurdayal Singh's (one of the accused) side. All of a sudden, accused Balbir Singh, s/o Gurbachan Singh, armed with a double barrel gun, accused Satnam Singh, s/o Gurbachan Singh, also armed with a double barrel gun, accused Gurdayal Singh, s/o Satnam Singh, armed with patal, accused Dalbinder Singh, s/o Satnam Singh, armed with danda, accused Gurbaj Singh, s/o Balbir Singh, armed with tamancha (a country made pistol), accused Hardip Singh, s/o Balbir Singh, armed with an air -gun and accused Gurpreet Singh, s/o Satnam Singh, armed with danda came there. After reaching near the shop of Farzand Ali, accused Satnam Singh exhorted "no one should remain alive, kill them" and they started continuous firing. One bullet shot by accused Balbir Singh hit Karnail Singh (deceased). Apart from this, Dharmpal (PW4) and Satpal (PW2) also got injured with the bullet shot. Rest of the persons attacked altogether. Accused Dalbinder Singh hit Ramesh Kumar on his head with danda. Getting injured, all the four persons fell down on the ground. The bullet hit the temple of Karnail Singh (deceased), face and neck of Satpal (PW2) and Dharmpal (PW4). They fled away from the scene. These people kept on firing at the intersection in the broad day light and created an atmosphere of terror, due to which the people passing from there left their conveyance, bicycle etc. became panicky and ran away and the people working in the nearby field also ran away from there. Watching the police coming there, these people ran way from the spot waiving their weapons in the air. With the help of police, the injured persons were taken to the hospital.