GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The five appellants were tried for offences punishable under Ss. 148, 302, 149, 449, IPC and the provisions of the Arms Act, 1959. The trial Court after examination of the evidence has proposed the penalty of death for appellants-Gurmit Singh and Rachhpal Singh. It has also awarded different terms of imprisonment to all the five appellants. Thus, we have Murder Reference No. 2 of 1999. The convicts have filed Criminal Appeal No. 130-DB of 1999. The orders of conviction under the Arms Act have been challenged by Gurmit Singh, Satnam Singh and Rachhpal Singh through Criminal Appeal No. 131 and 132-DB of 1999. The complainant has filed Criminal Revision No. 443 of 1999 with a prayer for the award of compensation and enhancement of sentence.

(2.) The prosecution story may be briefly noticed. The occurrence is alleged to have taken place on October 11, 1996 at 8-15 p.m. in Village Srawan Bodla. The story was revealed by Ravinder Singh (PW.3) to Sub Inspector-Ranjit Singh (PW.12) at 11 p. m. His father-Virsa Singh aged 52 years and brother-Kulwant Singh who was 19 years old, were shot by Gurmit Singh and Rachhpal Singh on the roof of their house. The special report had reached the Sub Divisional Judicial Magistrate, Muktsar on October 12, 1996 at 2.45 a.m. Accordingly to the counsel for the State of Punjab, Muktsar is at a distance of about 30 kms. from Malout. The Police Station, Malout is at a distance of about 9 kms. from Village Srawan Bodla. On the basis of the statement, First Information Report Ex. PH was recorded at 11 p.m.

(3.) According to the FIR, Ravinder Singh is an agriculturist residing in the village along with his brother-Kulwant Singh and other members of the family. His father's elder brother-Ajit Singh lived in the "adjacent house". He has three sons - Lakhwinder Singh, Jaswinder Singh and Gurmit Singh.