ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal case relates to an offence of double murder alleged to have been committed on the occasion of the election of the Cooperative Society at village Khatriwala, in the area of Police Station, Bareta, district Mansa.

(2.) The elections to the office bearers of the Cooperative Agricultural Rural Society, Khatriwala were to be held on 20.5.1995. Earlier this election was scheduled to be held on 15.5.1995. There was some apprehension of violence and the election was, therefore, postponed to 20.5.1995. The Returning Officer Ashwani Kumar appellant had moved an application to the Police Station for security. ASI Ujagar Singh P.W.14 was deputed to maintain law and order at the time of the said election.

(3.) Bhagwan Singh P.W.8 had three sons, namely, Gurcharan Singh, Niranjan Singh and Pargat Singh. Out of them Niranjan Singh had filed nomination paper for the said election. On 20.5.1995, Bhagwan Singh P.W.8 along with his three sons and one Sukhdev Singh, Ex-Sarpanch had gone to village Khatriwala. 27 persons had filed the nomination papers. However, Ashwani Kumar appellant rejected the nomination papers of 18 persons and the remaining 9 were declared as elected. Gurcharan Singh son of Bhagwan Singh P.W.8 and others questioned Ashwani Kumar, the Returning Officer as to why the nomination papers of so many persons were rejected but it was advised by Ashwani Kumar appellant that if they had any grievance they could approach the superior or could bring an election petition. After the declaration of the result, Ashwani Kumar and other persons of the staff wanted to slip away from the scene of occurrence in a car parked nearby but Gur Lal, the other appellant allegedly fired from his 12 bore DBBL gun upon the persons who had assembled on the scene of occurrence and as a result of that Gurcharan Singh son of Bhagwan Singh P.W.8 succumbed to the injuries whereas another person by the name of Jang Singh was injured, who later on died in Civil Hospital, Mansa. Hardev Singh alias Mithu Singh, Harjinder Pal and Buta Singh had the common object along with other co-accused Gur Lal and Ashwani Kumar appellants. The occurrence was witnessed by large number of persons.