JASWANT SINGH AND OTHERS Vs. STATE OF PUNIAB

JUDGEMENT

(1.) Jaswant Singh and three others have filed this appeal challenging the judgment of conviction and order of sentence dated 15.3.2002 passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Amritsar in case FIR No. 128/94 registered under Sections 302/307/148/149 IPC at Police Station Ajnala, Amritsar vide which all the appellants-accused have been awarded sentence to undergo RI for one year under Section 148 IPC, life imprisonment and fine under Section 302/149 IPC and four years R.I. and fine under Section 307/149 IPC and it has been ordered that all these sentences shall run concurrently.

(2.) Briefly, the prosecution version is that on 25.11.1994, HC Swinder Singh, at about 1.30 PM, was present at the crossing in the abadi of Ajnala when Nirmal Singh @ Nimma, Jaswant Singh @ Jassa accused armed with DB 12 bore guns, Wassan Singh accused, who was Sarpanch of Village Bhoiwali at that time having a rifle, and Mukhtar Singh, who too was Sarpanch of Village Chinna Karam Singh at that time, carrying 12 bore gun, Baldev Singh accused also having 12 bore gun and Ajit Singh son of Budh Singh resident of Chinna Karam Singh were found standing there and in the meanwhile Ranjit Singh (deceased) armed with 12 bore gun, Subegh Singh, PW having Spring Field rifle and Buta Singh, armed with 12 bore gun sons of Ajaib Singh resident of Chak Fateh Khan came there in a car. They stopped the car near a fruit shop and came out of car. Shabegh Singh while alighting from the car raised lalkara that daily dispute which was there be settled and at the same time possession of the plot be also got delivered to them. In the meanwhile, both the parties took positions and started firing. Subesh Singh and Ranjit Singh suffered gun shot injuries and from the other side, Ajit Singh s/o Budh Singh was got injured. Amrik Singh, Sub Inspector of Police Station Ajnala, alongwith other police personnel reached there while firing was going on. The accused ran away with their weapons. Statement of HC Swinder Singh, Ex. PA, was recorded by S.I. Amrik Singh. It was reported that Ranjit Singh who was taken to the hospital in injured condition had died. Therefore, SI Amrik Singh sent Ex. PA with endorsement Ex. PA/1 for registration of a case under Section 302/307/148/149 IPC and on the basis of which formal FIR Ex. PA/2 was recorded.

(3.) After completion of investigation, challan was presented in the Court and the accused were charged under Sections 302/307/148/149 IPC, to which they pleaded not guilty and claimed trial.