LAWS(P&H)-2003-2-236

KIKAR SINGH Vs. STATE OF PUNJAB

Decided On February 24, 2003
KIKAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Kikkar Singh son of Jarnail Singh son of Sohan Singh, a young boy of 25 years, at the time of trial, resident of village Katianwall, has filed the present criminal appeal and it has been directed against the judgment and order dated 13.10.1995 passed by the Court of Additional Sessions Judge, Faridkot, who convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to life imprisonment and to pay a fine of Rs. 2, 000/-. In default of payment of fine, the appellant was directed to undergo R.I. for three months for allegedly committing the murder of Gurcharan Singh alias Channa who was also a young boy of 22 years at the time of the occurrence which took place on 30.12.1990 i the revenue limits of village Dabwali Dhab.

(2.) Appellant Kikkar Singh was chargesheeted under Section 302/34 IPC on the allegations that on 30.12.1990 (in the chargesheet wrong date has been mentioned as 25.12.1990) in the area of village Dabwali Dhab, in furtherance of the common intention with his co-companion Parkash Singh alias Pasha ( proclaimed offender) intentionally caused murder of Gurcharan Singh alias Channa son of Makhan Singh.

(3.) The FIR in this case was lodged by Makhan Singh, who is none-else, but the father of the deceased, before SHO Raghbir Singh, Police-Station, Sadar Malout and the complainant made a statement to the effect that he is a resident of village Dabwali Dhab and has put up his Dhani in the fields in which he is residing along with his family members. Last night of 30.12.1990, he along with his brother Lakha Singh son of Teja Singh and his son Gurcharan Singh alias Channa, was sleeping in a separate room as usual. At about 8.30 P.M. two persons came at the Dhani and those persons had wrapped themselves with Lohies. One of them was clean shaven. He was of a medium structure and moderately built and was having small size gun in his hand. The other person was tall having a beard and long hairs. He was moderately built and he was armed with a big size gun. At that time, the kerosene oil lamp was burning in the Dhani. Those two persons called the name of the complainant and enquired from him as to where his son Gurcharan Singh was. Upon this the complainant replied that he along with his family is sleeping in the other room. Thereafter, the complainant got his son woke up, as a result of which Gurcharan Singh came out of the room. One of the persons who was a Sikh gentleman them said that Gurcharan Singh had violated the sanctity of the Amrit. Thereafter, the other man (clean shaven) fired shots hitting on the right side of the ear, neck, jaw and back side of the shoulder of Gurcharan Singh. As a result of those fire arm shots, the deceased fallen down on the ground and thereafter, both those assailants went away from the Dhani by raising threats that in case the complainant party informed the police, the entire family would be liquidated. After the departure of the assailants from the spot, the complainant verified and found that his son Gurcharan Singh alias Chhana has since expired. It is the case of the complainant that out of the fear during the night, they did not go to the police-station in order to lodge the report. In the morning of 31.12.1990. he after leaving his other/son Hakam Singh by the side of the dead body in order to guard it, he along with his brother Lakha Singh had come to the police-station in order to lodge the first information report. Giving the motive for the murder, it has been alleged by the complainant that unidentified persons had murdered his son Gurcharan Singh as the latter violated the sanctity of the Amrti. FIR was recorded over and explained to the complainant Shri Makhan Singh who thumb-marked the same in token of its correctness and was attested by S.I. Raghbir Singh. The Thanedar made endorsement underneath the said statement and thereafter, he along with the police-party and the complainant went to the place of occurrence. Investigation was taken up by Inspector Raghbir Singh who prepared the rough sit plain of the place of occurrence. He also prepared the inquest report and the dead body was handed over to the constable for post-mortem examination. During the course of investigation, it was found that Hakam Singh brother of the deceased had recognised and identified the assailant as Kikkar Singh. Resultantly, he was arrested on 28.1.1991. On interrogation of Kikkar Singh, it was revealed that companion of Kikkar Singh was one Parkash Singh alias Pasha but he could not be arrested and was declared proclaimed offender.