RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment, Criminal Appeal No. 481-DB of 1999 Rajinder Singh v. State of Punjab and Criminal Appeal No. 435-DBA of 2000 State of Punjab v. Kuldip Singh and another are being disposed of having arisen out of judgment dated 31.8.1999 passed by learned Sessions Judge, Faridkot. Criminal Appeal No. 481-DB of 1999 has been filed by appellant Rajinder Singh for setting aside the judgment of his conviction and order of sentence for life and fine under Section 302 IPC for causing the murder of Harinder Kumar and to undergo RI for a period of three years and fine under Section 27 of the Arms Act. The second appeal i.e. Criminal Appeal No. 435-DBA of 2000 has been filed by the State of Punjab against the acquittal of Kuldip Singh and Rachhpal Singh.

(2.) ON the statement of Madan Lal son of Jangir Chand Aggarwal, complainant, Ex. PD, FIR No. 75 dated 30.11.1995, Ex. PD-2 was recorded at Police Station Mehan. The prosecution version is that the complainant is a resident of village Daudhar Sarki. He was having brick-kilns at Villages Madoo Ke and Ajitwal and the same were joint with accused Rajinder Singh. About one year prior to the occurrence, a family settlement was arrived at and brick kiln of village Maddoke had fallen to the share of the complainant and that of village Ajitwal fell to the share of Rajinder Singh, appellant. A truck bearing registration No. PJB 2155 also fell to his share. Rajinder Singh, appellant was to pay Rs. 1,68,000/- to the complainant. On 30.11.1995, the brick kiln of village Maddoke was with the complainant and on that day, he along with his son Harinder Kumar, Shamsher Singh and Anil Kumar had gone to the above said brick kiln at about 7.30 A.M. so as to make payment to the labourers. When they reached there, they saw that bricks were being loaded in a tractor- trolley. They asked Rajinder Singh, Rachhpal Singh and Kuldip Singh accused as to with whose permission they were loading the bricks. At that time, they were standing on the platform. Rajinder Singh accused was armed with a single barrel gun. Rachhpal Singh accused was having a double barrel gun. Kuldip Singh was armed with a double barrel gun. The loading was being done by 4-5 other persons. When the complainant-party prevented the accused from carrying the bricks, then Rachhpal Singh gave a lalkara (alarm) asking Rajinder Singh accused to fire so as to teach them a lesson for preventing them from carrying bricks and for not transferring the brick-kiln of village Ajitwal. Then Rajinder Singh accused fired a shot from his gun towards the complainant party and the same hit his son Harinder Kumar on his left eye and the fire shot came out from near the right ear. On receipt of fire shot injury, Harinder Kumar fell down. They started looking after the injured. Rachhpal Singh and Kuldip Singh fired shots towards them, when they raised alarm of "killed-killed" and the accused while firing ran away. The persons, who were loading the bricks on the tractor-trolley also escaped with their tractor trolley. The complainant, Shamser Singh and Anil Kumar removed Harinder Kumar to the hospital at Moga in a car, but he died on the way near village Takhanwadh. Regarding motive, the complainant gave the cause that Rajinder Singh accused wanted that he should transfer the brick-kiln of Ajitwal in his name and the complainant was demanding Rs. 1,68,000/- and the truck before the transfer of the same in his name and due to that, the occurrence took place.

(3.) IN order to substantiate the charge against the accused, the prosecution examined PW-1, Dr. Iqbal Singh, PW-2 Madan Lal (complainant), PW-3 Shamsher Singh, PW-4 Anil Kumar, PW-5 ASI Suraj Pal Singh, PW-6 Gursewak Singh, PW-7 Const. Bhinder Singh, PW-8 LC Balwinder Singh, PW-9 ASI Devinder Singh, PW-10 LC Dalbir Singh, PW-11 LC Makhan Singh and PW-12 SI Mal Singh and after tendering certain documents, closed its evidence.