STATE OF PUNJAB Vs. SHISHU PAL SINGH

JUDGEMENT

(1.) :- This judgment shall dispose of Criminal Appeals Nos. 485-DBA, 271-SB of 1991 as well as Criminal Revision No. 37-SB of 1992 as these arise out of common judgment dated 10-7-1991 passed by Additional Sessions Judge, Hoshiarpur. Criminal Appeal No. 271-SB of 1991 filed by Shishu Pal Singh is against his conviction and sentence dated 10-7-1991, while Criminal Appeal No. 485-DBA of 1991 titled State v. Shishu Pal Singh and another is against the same judgment of the trial Court acquitting Surinder Pal Singh and Criminal Revision No. 37 of 1992 filed by complainant Gurdev Singh is for enhancement of sentence awarded to Shishu Pal Singh.

(2.) The facts necessary to unfold the prosecution case against Shishu Pal Singh and his brother Surinder Singh alias Surinder Pal Singh are that one Kundan Singh of village Akalgarh has pruchased land measuring 19 Kanals 5 Marlas from Shishu Pal Singh accused by way of registered sale deed on 28-4-1982. Kundan Singh and his brother resided abroad and his land was being cultivated by Gurchain Singh deceased in their absence. However, cultivating possession of the said land was shown in the revenue entries/Khasra Girdawari still in the name of Shishu Pal Singh, Janak Singh and Surinder Pal Singh, Kundan Singh had filed an application before the revenue officer on 8-5-1990 for correction of revenue entries i.e. Khasra Girdawari in his name. A copy of the said application is Exhibit PJ. On 25-6-1990 at about 6.30 p.m. Shishu Pal Singh accused along with his brother Surinder Pal Singh (since acquitted) armed with .12 bore licenced double barrel gun went to the field cultivated by Gurchain Singh deceased. They took with them a bullock disc harrow for ploughing and started uprooting the cotton crop sown by Gurchain Singh deceased from Khasra No. 13/18. In the meantime, Gurdev Singh complainant along with his brothers Gurchain Singh and Amrik Singh, nephew Rajinder Singh and Manjit Singh Sarpanch came to the field. Gurchain Singh asked Shishu Pal Singh not to uproot his crop but the latter insisted that he would plough the land as Khasra Girdawari of the land was in his name. Thereafter, Surinder Pal Singh exhorted his brother Shishu Pal Singh to fire and teach a lesson to Gurchain Singh. Shishu Pal Singh accused fired a shot from his gun which hit Gurchain Singh on both of his thighs and he fell down. Rajinder Singh tried to run away on the northern side but Surinder Pal Singh exhorted to his brother Shishu Pal Singh accused not to allow Rajinder Singh to escape. Shishu Pal Singh fired a shot from his gun which hit the left hip and left leg of Rajinder Singh. He again fired another shot which hit the abdomen of Rajinder Singh who fell down. Gurdev Singh, Amrik Singh and Manjit Singh raised alarm. The accused fled away along with the gun. Gurchain Singh and Rajinder Singh died at the spot. Gurdev Singh and Manjit Singh left Amrik Singh at the spot and they proceeded to the police station. On the way, they met Sub-Inspector Sukhbir Singh near the canal bridge before whom Gurdev Singh PW made statement Exhibit PS regarding the occurrence. The same was sent to the police station by Sub-Inspector, Sukhbir Singh with his endorsement and on its basis First Information Report Exhibit PS/2 was recorded in Police Station, Garhashankar. The police party along with complainant and Manjit Singh came to the spot. Sub-Inspector Sukhbir Singh prepared the inquest reports Exhibit PD and Exhibit PC regarding dead bodies of Rajinder Singh and Gurchain Singh respectively in the presence of Gurdev Singh and Gurshinder Singh. On 26-6-1990, early in the morning, the Sub-Inspector sent the dead bodies of Rajinder Singh and Gurchain Singh for post mortem examination. The Sub-Inspector inspected the place of occurrence. He took into possession two empties of .12 bore and made them into a sealed parcel. He also lifted blood stained earth from the place where the dead bodies of Gurchain Singh and Rajinder Singh were lying and made them into sealed parcels. He also took into possession six disc harrows, plough and yoke. The post mortem examination on the dead bodies of Rajinder Singh and Gurchain Singh was conducted by Dr. Sunita Nanda on 26-6-1990. She confirmed the cause of death on account of gun shot wounds which, according to the doctor, were sufficient to cause death in the ordinary course of nature. Shishu Pal Singh along with his companion Surinder Pal Singh were arrested on 4-7-1990 and from the possession of Shishu Pal Singh .12 bore gun along with bag containing two live cartridges and one licence Exhibit P-1 were recovered and taken into possession.

(3.) In support of the case, the prosecution examined material witnesses, namely, Dr. Sunita Nanda PW 1, complainant Gurdev Singh PW. 15, Sarpanch Manjit Singh PW. 16, Amrik Singh PW. 17 and Sub-Inspector Sukhbir Singh PW. 19 besides other formal witnesses. The prosecution tendered into evidence the report of the Chemical Examiner; report of the Serologist; copy of the order of Assistant Collector IInd Grade. Garhshankar and copy of the written statement. Surinder Pal Singh accused had denied his presence at the time of occurrence whereas Shishu Pal Singh accused while denying the prosecution case took up the following defence :-