(1.) By a common judgment the Court intends to dispose of the present appeal filed by Jagjinder Singh alias Bittu and Crl. Appeal No.95-DB of 2002 filed by Jagwinder Singh alias Jaggi as both the appeals have arisen out of judgment and order dated 14.1.2002 passed by Additional Sessions Judge, Patiala. Vide impugned judgment and order, the trial Court convicted the two appellants under Section 302 IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.10,000/- each. In default of payment of fine, they were directed toCriminal Appeal No.85-DB of 2002 -2- further undergo rigorous imprisonment for one year. Jagjinder Singh alias Bittu was also convicted under Section 307 IPC while Jagwinder Singh alias Jaggi appellant under Section 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.10,000/- each and in default of payment of fine, to undergo further rigorous imprisonment for 6 months. All the sentences were ordered to run concurrently.
(2.) The two appellants, alongwith Balbir Singh, Jarnail Singh and Jaswant Singh were tried for offences under Sections 302, 307, 148, 149 IPC on the allegations that on 11.9.1998 at about 8.00 P.M in the area of village Nandpur Kesho, they were members of unlawful assembly and committed the offence of rioting with deadly weapons. The two appellants were also charged for committing the murder in furtherance of common object of the unlawful assembly by intentionally causing death of Ishar Singh and thereby liable under Section 302 IPC while their co-accused were liable under Section 302 read with Section 149 IPC. Jagjinder Singh alias Bittu appellant was also charged for causing injuries to Gurdeep Singh and Sital Singh in furtherance of common object of the unlawful assembly by firing from his gun with such intention/knowledge and under such circumstances that if by that act he had caused the death of Gurdeep Singh and Sital Singh, he would have been guilty of murder and, therefore, committed an offence punishable under Section 307 IPC while Jagwinder Singh alias Jaggi and the three other accused being members of unlawful assembly committed the offence punishable under Section 307 read with Section 149 IPC.
(3.) The occurrence in question had taken place on 11.9.1998 at 8.00 P.M. at a place near the milk dairy in village Nandpur Kesho. In the occurrence, Ishar Singh, Gurdeep Singh and Sital Singh had received fire arm injuries at the hands of two appellants, who were armed with .12 bore DBBL gun each. After the occurrence, the three injured were taken to Rajindra Hospital, Patiala but on the way Ishar Singh died. The police was informed by the hospital authorities that Gurdeep Singh and Sital Singh were lying admitted due to receipt of gun shot injuries while Ishar Singh had died before reaching the hospital and his dead body had been sent to mortuary. Pursuant to the information received, Inspector Ashish Kapoor reached Rajindra hospital, Patiala and obtained the opinion from the doctor as to whether the two injured were fit to make statement or not. Both the injured were declared fit to make statement. The police then recorded the statement of Gurdeep Singh which was completed on 12.9.1998 at 1.40 A.M. As the statement disclosed commission of cognizable offences, Inspector Ashish Kapoor made an endorsement and sent the same through C. Jarnail Singh to Police Station Sadar, Patiala for registration of FIR. Consequently, FIR No.314 dated 12.9.1998 was registered at Police Station Sadar, Patiala at 2.15 A.M. for offences under Sections 302, 307, 506, 148/149 IPC and Sections 25/27 of the Arms Act. The special report was, thereafter, received by the Ilaqa Magistrate on 12.9.1998 at 6.00 A.M.