HARKIRAT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 68 (DB) of 1989 filed by Harkirat Singh and Criminal Revision No. 372 of 1989 filed by Bhagwanti.

(2.) PARAMJIT Singh, Raghbir Singh alias Kalu, Lakhbir singh, Harikirat Singh and Narinder Singh were tried by Sessions Judge Kapurthala who vide his order dated February 2, 1989 acquitted Paramjit singh, Raghbir Singh, Lakhbir Singha and Narinder Singh but convicted Harkirat Singh and sentenced him to undergo life imprisonment and to IPC pay a fine of Rs. 3,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of one year under Section 302. IPC and to rigorous imprisonment for a period of three years under Section 307 IPC. However, both the sentences were ordered to run concurrently.

(3.) PROSECUTION case, in brief, is that Walaiti Ram PW made his statement to ASI Harbhajan Singh in front of Police Station Bholath on November 28, 1986 stating therein that he is resident of village Bagrain and is employed in Government School in the village. On November 28, 1986 at about 10.00 A.M. he alongwith his brother Kharaiti Lal, Kharaiti Lal son of Bihari Lal and Ajit Singh Sarpanch came to fill the foundations of his plot measuring 17 Marlas situated within the revenue limits of Bholath town. He had purchased this plot. He was having a dispute over the plot with Narinder Singh etc., resident of Bholath which was decided by the Court in his favour. Patwari and Kanungo had got delivered possession of the plot to him. They had just started filling the foundation when Narinder Singh, Harkirat Singh armed with Pistol, Paramjit Singh with a "Sua", Lakhbir Singh and Kalu with a "Dang" each some towards them while raising "Lalkara". Narinder Singh remarked that that day they would be taught a lesson for filling the foundations of the plot. Harkirat Singh accused who was armed with a Pistol started firing shots. The shots hit his brother Kharaiti Lal on the back side of his right shoulder and right elbow while turning backwards. One shot also hit Gurmit Singh who was passing nearby. They also put up resistance in self defence and some of the accused also received brick-bats injuries. On their raising alarm, the accused ran away from the spot together with their weapons. He got his accused ran away from the spot together with their weapons. He got his brother Kharaih Lal admitted in Primary Health Centre, Bholath. The doctor after considering the condition of his brother Kharaiti Lal to be critical referred him to Civil Hospital, Kapurthala.