BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story is as under: At about 9.00 A.M. on October 23, 1990, Anup Singh (P.W.-3) and his brother Sardul Singh, were present in the Gurudwara of village Tatley, when two sikh youth riding on cycles came there. They called Sardul Singh, who went alongwith them and was subsequently shot dead near the Railway line running between Railway Stations Wadala Granthian and Qadian. Anup Singh, P.W.- lodged an F.I.R. at Police Station, G.R.P. Pathankot at 7.30 A.M. on October 24, 1990, in which he gave the description on the two boys, who had taken Sardul Singh alongwith them and had thereafter shot him dead. On investigation, the case was sent up as untraced, but on May 5, 1996, Karnail Singh Ex-Sarpanch of village Tatley and on May 11, 1996, Niranjan Singh (P.W.-2), a resident of village Talwandi Jhunglan told A.S.I. Bhupinder Singh (P.W.-6) that the two accused, who had been arrested in F.I.R. No.106 dated 4.11.1990 had made disclosure statements at that time that they had murdered Sardul Singh. A challan was accordingly filed against the two accused for the murder of Sardul Singh and they were charged for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and as they pleaded not guilty were brought to trial.

(2.) In order to prove its case, the prosecution examined P.W.-1 Kashmir Singh, who had been present in the Gurudwara on October 23, 1990 when the two accused had taken Sardul Singh away; P.W.-2 Niranjan Singh, before whom the two accused were alleged to have made an extra- judicial confession shortly after the murder; P.W.-3 Anup Singh, the first informant; P.W.-4 Rachan Singh, who was declared hostile as he did not support the prosecution; P.W.-6 A.S.I. Bhupinder Singh, who had at the relevant time, been posted in G.R.P. Batala, who stated that he had recorded the statements of Karnail Singh and Niranjan Singh P. Ws. correctly on May 11, 1996 and had thereafter arrested Balbir Singh on July 5, 1996 and Sarwan Singh on May 7, 1997, and he also admitted that the case had initially been filed as untraced on April 24, 1991; P.W.-7 S.I. Hardip Singh, the main Investigating Officer; and P.W.-8 Dr. Sanjiv Kumar, who had conducted the post-mortem examination on the dead body and had found two gun-shot injuries on it, one of the, entry and the other of exit.

(3.) The prosecution case was then put to the accused and they denied their involvoment in the incident.