GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FATHER of deceased Piara Singh named Bakhtawar Singh reported to the Police Station, Nawan Shahar of Jalandhar District in Punjab State vide FIR No. 121 recorded therein at 8.50 a.m. on May 1988, "Today at about 8.15 a.m. when my son Piara Singh who is a cashier in Central Co-operative Bank at Panam took his scooter bearing No. JPD 1155 from the house in order to go to Panam as usual, Baldev Singh Sarpanch who was preparing the Bair (rope) for the Kup in the lane gave a signal immediately to his son Swaran Singh who went to the house of Dial Singh son of Nishan Singh and from where Dial Singh and Swaran Singh went towards the well of Kishan Singh and Piara Singh Lundian on the cycle hurriedly. In the meantime Piara Singh also proceeded to Panam on his scooter. On seeing the suspicious and unnatural acts of Baldev Singh Sarpanch party I also followed them in order to watch their moments. It was about 8.24 a.m. On the main road at Sahlon and Shakohpur in the drain of Baswia, I found Dial Singh standing in the company of two other Sikh youngmen who had covered their bodies. Out of them one appeared to be from the brother hood of Dial Singh viz. Bhai Raghbir Singh alias Bhira terrorist. When Piara Singh reached near them both the young Sikh persons, stopped Piara Singh at the instance of Dial Singh and at the point of small rifles and immediately fired shots at him and as sequel to which Piara Singh died at the spot. The cause of grade is that in the year 1983 Baldev Singh Sarpanch, Gian Singh son of Malook Singh, Tarsem Singh and Sadhu Singh sons of Maha Singh, residents of the village were challaned for causing me injuries and the party men of Sarpanch had been convicted for the same. Again on 7.9.1987 the party men of Sarpanch had caused injuries to me and my brother Dilbagh Singh. On account of which Baldev Singh Sarpanch, his sons Swaran Singh and Rajinder Singh and his nephew Satgnam Singh son of Bakhtawar Singh were challaned. In this case the police had also challenge us, which is pending in the Court. In this case the police had also challaned us, which is pending in the Court. On account of this gridge Baldev Singh Sarpanch, his sons Swaran Singh, Dial Singh and Kishan Singh having connived and conspired with Bhjira Terrorist Group, who is close to them, have committed the murder of my son Piara Singh. After committing the murder the assailants had run away from the spot with the scooter of my son bearing No. PUD 1155. The keys of the Bank, papers and some cash were lying in the scooter. While going the accused have also taken the wrist watch 'Electronic Sargo' make of my son with them. I rushed to the spot while raising an alarm. Thereafter on receipt of information my brothers Captain Bachittar Singh and Dilbagh Singh etc. arrived at the place of occurrence. Captain Bachittar Singh and I have seen empty cartridges lying on the place of occurrence. These empty cartridges are of AK 47 (rifle). After leaving my brothers at the spot, I have come to lodge a report in the company of my nephew Kuldeep Singh son of Bachittar Singh. Action may be taken." Special report of the occurrence reached the learned Illaqa Magistrate at 10.00 a.m. on the same day.

(2.) TERRORISTS named Paramjit Singh and Raghbir Singh actually responsible for the killing were declared proclaimed offenders on September 22, 1988. Challan against the conspirators was filed in court on April 22, 1989. All the three of them were charged by the learned trial Court for the commission of offences under Sections 120-B and 302 read with Section 120-B of the Indian Penal Code. All the three of them pleaded 'not guilty' thereto and claimed to be tried.

(3.) FEELING aggrieved therefrom, Gurdial Singh has filed Criminal Appeal No. 263-DB of 1989 in this Court. Bakhtawar Singh father of the deceased has also filed Criminal Revision No. 107 of 1990 for reversal of the acquittal of the two out of the three accused which was ordered to be heard along with the criminal appeal filed by the convicted accused. Since the appeal and revision are both directed against the same impugned judgment of the learned trial Court and involve common questions of law and fact for determination, both these have been heard and are being disposed of together.