SANTOKH SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by appellants Santokh Singh and Gurmilap Singh against the judgment of conviction and order of sentence dated 25.7.2007/26.7.2007 passed by Additional Sessions Judge, (Ad hoc), Fast Track Court, Amritsar, whereby Santokh Singh, accused-appellant No.1 has been held guilty and convicted for the offences punishable under Sections 302, 326, 324 and 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC') for causing murder of Amolak Singh and Nirmal Singh on two counts and for the offence under Section 27 of the Arms Act. Accused-appellant No.2 Gurmilap Singh has been held guilty and convicted for the offences punishable under Section 302 read with Section 34, Sections 326, 324 and 323 IPC. Gurmilap Singh has been acquitted for the charge under Section 29 of the Arms Act. Santokh Singh has been sentenced to undergo imprisonment for life on two counts and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 302 IPC.

(2.) He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence under Section 326 read with Section 34 IPC. He has also been sentenced to undergo rigorous imprisonment for one year for the offence under Section 324 read with Section 34 IPC and rigorous imprisonment for six months for the offence under Section 323 read with Section 34 IPC. He has also been sentenced to undergo rigorous imprisonment for six months for the offence under Section 27 of the Arms Act. Gurmilap Singh has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 302 read with Section 34 IPC. He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence under Section 326 IPC. He has also been sentenced to undergo rigorous imprisonment for one year for the offence under Section 324 IPC and rigorous imprisonment for six months for the offence under Section 323 IPC. All the sentences have been ordered to run concurrently.

(3.) The brief facts of the prosecution case are that on 2.7.2004, SI/SHO Swaran Singh of Police Station, Sultanwind was present in the Police Station and received secret information that in Village Chattiwind, Amolak Singh and Nirmal Singh had been killed and Dalbir Singh, Ranjit Kaur and Ramandeep Kaur had been injured and had been got admitted in Civil Hospital for treatment. Then SI/SHO Swaran Singh along with other Police officials reached Civil Hospital and obtained the opinion of the doctor about the condition of injured. The doctor declared injured fit to make statement. The statement Ex.PE of Dalbir Singh was recorded in which he stated that on 2.7.2004 at about 3.00 p.m., he along with his wife Ranjit Kaur, his niece Ramandeep Kaur daughter of Sakattar Singh accompanied by his brother Nirmal Singh and his nephew Amolak Singh and his sister-in-law (wife of his brother Sakattar Singh) Davinder Kaur were standing and talking in front of house of his brother Nirmal Singh. In the meanwhile, accused Gurmilap Singh armed with 12 bore gun, Santokh Singh armed with 'Kirpan' (sword) along with Jagdish Singh and Malwinder Singh came in connivance with each other and immediately on arriving there, Santokh Singh raised a 'Lalkara' that on that day they be taught a lesson for taking forcible possession of area of pond. Then on saying so, Gurmilap Singh fired a shot from 12 bore gun which hit Amolak Singh on left side of temple and he fell down due to bullet shot and then Santokh Singh took the gun from Gurmilap Singh and fired a direct shot at Nirmal Singh which hit him on the right side of his flank and he too fell down there and thereafter Gurmilap Singh gave 'Kirpan' blows from the sharp side on Amolak Singh hitting him on his right cheek, below the right ear and the neck on the right side. Complainant and his wife Ranjit Kaur and his niece Ramandeep Kaur stepped forward to rescue him. Then Gurmilap Singh inflicted direct 'Kirpan' blows on the complainant which hit on his left hand, on the head of his wife Ranjit Kaur and on the left arm of his niece Ramandeep Kaur. They raised 'Raula' 'being killed being killed'. Then Davinder Kaur wife of Sakattar Singh stepped forward to rescue them and the accused fled away from the spot while raising 'Lalkara' along with their respective weapons. The motive behind this occurrence was that Amolak Singh and Nirmal Singh both were raising construction of a room on their own land and the accused were stopping them from raising construction there. This statement of Dalbir Singh was completed at about 6.30 p.m. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR Ex.PE/2 was registered.