AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 4 -8 -1994. around 8.00 or 8.30 A.M. Ajit Singh. Member Panchayat of village Khanpur Dhakhli Bazidpur along with Balbir Singh alias Putti, Lakhbir Singh alias Lakhu, Jagtar Singh alias Jaggu and Gurmeet Singh alias Meeta his sons and Karam Singh a motor mechanic were digging a drain around the passage in the said village. The complainant side i.e. Suba Singh deceased, Baj Singh, Resham Singh, Mfkhfiar Singh, exmember Panchayat and Ajit Singh approached the accused -appellants not to obstruct the Phirni passage. However, the accused party did not feel happy that they were being obstructed. As a result of this Ajit Singh appellant -accused went inside his house and took out his 12 bore D.B.B.L. gun and fired a shot from the rooftop on Suba Singh hitting him on the left side of his chest. Jagtar Singh appellant snatched the gun of his father Ajit Singh and fired at Baj Singh on his right side of the face, right hand and right arm. The rest of the appellants Balbir Singh, Lakhbir Singh, Gurmeet Singh and Karam Singh continued throwing bricks and stones on the complainant side as a result of which the complainant side received injuries. Buta Singh PW.4 and Resham Singh PW.5 witnessed the entire occurrence. Sewak Singh. Parsin Kaur and Kuldip Kaur also witnessed the occurrence. The assailants took to their heels along with their respective weapons of offence.

(2.) ON receipt of ruqa Ex. PHH from Civil Hospital, Ferozepur regarding the death of Suba Singh. Inspector Daljlt Singh PW. 13 went to Civil Hospital. He recorded the statement Ajit Singh PW.3, Ex.P1, and after making his endorsement EX.P1 /1, he sent the same for registration of a case and on its basis formal First Information Report EX.P1/2, was recorded at 11.45 A.M. The special report reached the learned Ilaqa Magistrate at 2.00 P.M. on the same day. He prepared inquest report Ex. PC. The dead body was sent for post mortem along with written request Ex. PE. Thereafter the Investigating Officer went to the scene of occurrence. He lifted blood stained roori and sample of roori from the spot vide memo Ex.PK. He also lifted two empties of. 12 bore EX.P24 and P25 vide memo EX.PL. Wads pieces of paper from the spot which came out from 12 bore cartridges were taken into possession vide memo EX.PM. He prepared rough site plan of the scene of occurrence Ex. POO. The Investigating Officer also recorded the statements of other witnesses and searched for the accused. He then returned to Civil Hospital. Ferozepur and collected the medico legal reports of injured Baj Singh. Resham Singh. Kuldeep Kaur, Pars in Kaur. Anoop Singh and Buta Singh. After post mortem the clothes of the deceased were taken into possession and vial containing pellet EX.P1 vide memo Ex. PQQ.

(3.) DR . Manmohan Singh Dhillon PW.1. conducted post mortem on the dead body of Suba Singh on 4.8 1994 at 2.35 P.M. and found the following injuries: