CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment we dispose of Criminal Appeal No. 169-DB of 2000 titled Charanjit Singh and others v. The State of Punjab and Criminal Revision No. 1413 of 2000 titled Gurmeet Singh v. The State of Punjab and others which have been directed against the judgment and order dated 21.2.2000 passed by the learned Sessions Judge, Ludhiana.

(2.) Two police personnel Sarvshri Charanjit Singh and Ajit Singh, who were deputed in the shape of a Chowki (picket) for the safety of their co-accused Shri Major Singh have filed the present appeal and it has been directed against the judgment and order dated 21.2.2000 passed by the Court of learned Sessions Judge, Ludhiana who convicted the appellants under sections 302/34 IPC and 307/34 IPC for committing the murder of Shri Nachhattar Singh as well as for making murderous assault on Shri Jugraj Singh (PW5). Shri Ajit Singh appellant was further convicted under Section 27 of the Indian Arms Act for making unlawful use of his service rifle by firing shots from the same on Jugraj Singh PW5 and all the three appellants were sentenced to undergo life imprisonment and to pay a fine of Rs. 2000/- each. In default of payment of fine each one of them was directed to undergo RI for a period of three months under Section 302/34 IPC for the murder of Shri Nachhattar Singh. All the three appellants were also sentenced to undergo RI for a period of five years and to pay a fine of Rs. 1000/- each. In default of payment of fine, each one of them was directed to undergo RI for a period of two months under Section 307/34 IPC for making murderous assault on Jugraj Singh PW. Ajit Singh appellant was sentenced to undergo RI for a period of four years and to pay a fine of Rs. 1000/-. In default of payment of fine, he was directed to undergo RI for a period of two months under Section 27 of the Indian Arms Act for making unlawful use of his service rifle. The trial Court further ordered that all the substantive sentences shall run concurrently. It may be mentioned here that along with three appellants one Jagtar Singh son of Shri Surjit Singh resident of village Harian was also tried by the learned trial Court , but said Shri Jagtar Singh was given the benefit of doubt and he was acquitted. The State has not filed any appeal against the order of acquittal of Shri Jagtar Singh.

(3.) The three appellants along with Jagtar Singh were charge-sheeted on the allegations that on March 26, 1996 at about 5.15 P.M. in the area of village Randhirgarh, Police Station Jagraon, in furtherance of their common intention, Major Singh appellant did commit the murder by intentionally causing the death of Nachhattar Singh by shooting and hereby he committed on offence punishable under Section 302 IPC, while his co-accused committed an offence punishable under Section 302/34 IPC. Secondly, on the same day, time and place and in furtherance of their common intention which was to commit the murderous assault on Jugraj Singh, Ajit Singh appellant fired from his service rifle upon Jugraj Singh with such intention or knowledge and under such circumstances that had he caused the death of said Shri Jugraj Singh , he would have been guilty of murder and thereby a substantive charge was framed against Shri Ajit Singh while constructive charge was framed against his co- accused Major Singh. The third charge against Shri Major Singh was he kept in possession the service rifle of his co-accused Charanjit Singh without any licence and permit and thereby he committed an offence punishable under Section 25 of the Arms Act. Fourthly, it was stated by the prosecution that Shri Ajit Singh appellant used his service rifle for an unlawful purpose for committing the murderous assault upon Shri Jagtar Singh and thereby he committed an offence punishable under Section 27 of the Arms Act.