JASWINDER SINGH @ JOHNY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two connected criminal appeals i.e. CRA No.D-907-DB of 2008 and CRA No.D-308-DB of 2012 arising out of the same judgment of conviction and order of sentence dated 30.07.2008 passed by Additional Sessions Judge, Nawanshahr convicting and sentencing the appellant Jaswinder Singh @ Johny to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of five months, under Section 302 read with Section 34 IPC, whereas appellant Sandeep Kumar @ Sonu was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of five months, under Section 302 IPC and he was also convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of five months, under Section 27 of the Arms Act, 1959. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement of Amandeep Singh @ Deepa son of deceased Amrik Singh, which was recorded by SI Harjit Singh, SHO, Police Station, Mukandpur at 12.05 A.M. on 17.07.2005. In the statement, complainant Amandeep Singh mainly stated that when he along with his father Amrik Singh and mother Balwinder Kaur was present in their house, then Sandeep Kumar @ Sonu and Jaswinder Kumar @ Johny came there and asked his father to accompany them to the motor to check water. On this Amrik Singh, with his .12 bore rifle and four cartridges accompanied them towards the fields. At that time, Sandeep Kumar @ Sonu and Jaswinder Singh @ Johny both were carrying tokas (used to cut sugarcane) in their hands. When his father did not return back for long time, then the complainant along with his uncle Kulbir Singh went out to search his father. When the complainant was little short of 'Janj Ghar' in the street, he saw that Sandeep Kumar and Jaswinder Singh were telling his father loudly that they would teach him a lesson for his misdeeds. Then Sandeep Kumar gave toka blow on the left side of the forehead of his father. Jaswinder Singh gave toka blow near his left eye. Then Sandeep Kumar gave blow with toka on the middle of the head and Jaswinder Singh gave second blow of toka which hit on the left wrist of his father. When Amrik Singh tried to escape, then Sandeep Kumar snatched the rifle and fired twice on the waist of his father with an intention to kill him. Again Sandeep Kumar re-loaded the rifle and fired one bullet which hit on the left buttock of Amrik Singh. When the complainant and his uncle raised alarm then accused ran away from the spot along with their respective weapons and also with rifle of complainant's father. Amrik Singh died on the spot. The motive behind the occurrence was that 3- 4 days back, a compromise had been arrived at with the intervention of respectables between Sandeep Kumar and Amrik Singh to the effect that Balbir Kaur mother of Sandeep Kumar would not come to their (complainant's) house and his father would not visit their house as Sandeep Kumar and his father suspected that Balbir Kaur and Amrik Singh were having illicit relations. Ruqa was sent to the police station, on the basis of which, formal FIR was registered. Then the Investigating Officer inspected the spot and conducted inquest proceedings and prepared inquest report Ex.PH. He sent the dead body for post-mortem examination. Rough site plan of the place of occurrence was prepared. Blood-stained earth was lifted from the spot. Two empties of .12 bore were recovered which were taken into police possession after preparing sealed parcel. A pair of jalsa shoes was also taken into police possession. Accused Sandeep Kumar @ Sonu was arrested, who made disclosure statement and got recovered DBBL gun and toka in pursuance of his disclosure statement. Accused Jaswinder Singh @ Johny on interrogation made disclosure statement and got recovered toka in pursuance of his disclosure statement. After necessary investigation, challan was presented against the accused-appellants before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellants under Section 207 Cr.P.C. Finding prima facie case, appellant Sandeep Kumar was charge-sheeted under Section 302 IPC and Sections 25 and 27 of the Arms Act, 1959, whereas appellant Jaswinder Singh @ Johny was charge-sheeted under Section 302 read with Section 34 IPC and under Section 25 of the Arms Act, 1959. Both of them pleaded not guilty to the charges and claimed trial.