SUKHWINDER SINGH @ BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhwinder Singh @ Bittu, appellant, was convicted under Sections 302 and 307 IPC and Section 27 of the Arms Act and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default of payment of fine, to further undergo RI for two years under Section 302 IPC; to undergo RI for ten years and to pay a fine of Rs.3,000/-, in default of payment of fine, to further undergo RI for one year under Section 307 IPC and to undergo RI for three years and to pay a fine of Rs.1,000/-, in default of payment of fine, to further undergo RI for three months under Section 27 of the Arms Act, as per judgment of conviction and order of sentence dated 21.8.2006 passed Sessions Judge, Amritsar, in Sessions Case No.64 of 2004, arising out of FIR No. 161 dated 22.9.2004 under Sections 302/307 IPC and Section 27 of the Arms Act, 1959, Police Station Patti.

(2.) Prosecution story, in brief, is that on 22.9.2004, police party headed by Inspector Gurbachan Singh, SHO, PS Patti, along with other police officials while on patrol duty was going towards Civil Hospital when Mukhtiar Singh on telephone informed that Gurnam Kaur and her husband Joginder Singh have been inflicted gun shot by their grandson Sukhwinder Singh @ Bittu and Joginder Singh has died on the spot whereas Gurnam Kaur is admitted in Civil Hospital, Patti, by her son and grandsons. On receipt of information, Inspector Gurbachan Singh went to Civil Hospital, Patti and moved an application requesting the doctor to opine as to whether Gurnam Kaur is fit to make statement or not. The doctor opined that Gurnam Kaur is fit to make statement. The statement of Gurnam Kaur (Ex.PC) was recorded in the presence of Dr.Sukhwinder Singh Sandhu.

(3.) Allegation of Gurnam Kaur was that she along with her husband Joginder Singh was residing in the farm house. Last night at about 11.00 PM, their grandson Sukhwinder Singh @ Bittu, who was residing separately in the adjoining house came and asked Joginder Singh to make payment for purchase of liquor. At that time, she was lying on the cot. Joginder Singh replied that since he (Sukhwinder Singh @ Bittu) has not made payment of Theka, from where he (Joginder Singh) will make payment to him.