JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN Case FIR No. 328 dated 4.7.1998, under Section 302/307/148/149, Indian Penal Code and 27, Arms Act authored by Joginder Singh son of Jarnail Singh the case is as follows : Joginder Singh and Gurnam Singh are two brothers. Joginder Singh is younger to Gurnam Singh. They both were putting up together and cultivating land. Land adjacent to their land belongs to Avtar Singh son of Iqbal Singh resident of Bilona. According to Joginder Singh, Avtar Singh had illegally connected electric wire with his Tubewell without obtaining electric connection since 2 months prior to 3.7.1998. On 2.7.1998, officials of the Electricity Department came along with the police and removed that electric wire. Avtar Singh suspected them (Joginder Singh and Gurnam Singh) of having passed on information to the Electricity Department in respect of the pilferage of electricity by Avtar Singh. On 3.7.1998, Amarjit Singh, Amrik Singh and Kashmir Singh sons of Jarnail Singh of village Bilona stopped the tractor of Joginder Singh and Gurnam Singh in which they were carrying fertilisers to their fields. Amarjit Singh was armed with a gun, Bishan Singh son of Mohinder Singh was driving that tractor and he (Joginder Singh) along with Pala Ram son of Fakiria and Sunehra son of Santa Ram were sitting on the said tractor. Pala Ram and Sunehra are partners in cultivation with Joginder Singh and Gurnam Singh. Joginder Singh and Gurnam Singh did not raise any protest and took their tractor to their field. Amarjit Singh, Amrik Singh and Kashmir Singh continued abusing them. In the evening at about 4 p.m. on 3.7.1998, Joginder Singh along with his brother Gurnam Singh was present at their Dera in their field. Avtar Singh son of lqbal Singh armed with a sota, Sher Singh son of Avtar Singh armed with a double barrel gun, Amarjit Singh armed with double barrel gun and Amrik Singh son of Jarnail Singh armed with gandasi came to their Dera on their tractor. Kashmir Singh was driving the tractor. It was Swaraj 733 make. Immediately on reaching there, Sher Singh fired at Joginder Singh with double barrel gun and the shot hit the wall after hitting the fingers of the right hand of Joginder Singh. Sher Singh fired another shot which hit him on his left buttock. Amarjit Singh fired a shot at Gurnam Singh. Gurnam Singh died instantaneously on receipt of that shot as that shot had hit his chest. Joginder Singh, Pala Ram son of Fakiria Ram and Bishan Singh son of Mohinder Singh witnesses the occurrence. They raised Lalkara. Joginder Singh tried to snatch gun from Sher Singh. In the process gun broke into 2 pieces. Mohinder Singh son of Jaswant Singh and Jagir Singh son of Dalip Singh put Joginder Singh on tractor and got him admitted in the hospital. He was referred to General Hospital, Karnal by the doctor after he was given first aid. Swaran Singh son of Gulla Singh and Mukhtiar Singh got him admitted in General Hospital, Karnal. In the FIR authored by Joginder Singh, the accused who have been named as the murderers of his brother Gurnam Singh are Avtar Singh, Sher Singh, Amarjit Singh, Amrik Singh and Kashmir Singh.

(2.) DURING investigation, Avtar Singh etc. named in the FIR were found innocent and instead, one Gur Lal who is brother of accused Amarjit Singh was found to have committed this carnage and the Police accordingly challaned only Gur Lal. So far as Avtar Singh etc. who are named in the FIR are concerned, they were not challaned.

(3.) AFTER recording preliminary evidence, the complaint case was also committed to the court of Sessions by the Magistrate. Challan case and complaint case are being tried separately by the same court.