STATE OF PUNJAB Vs. SUKHWINDER SINGH @ BHAP

JUDGEMENT

(1.) THE State of Punjab has come up in appeal against the acquittal of accused Baljit Singh, Gurbachan Singh, Amrish Kumar and Jagdish Lal for offence under Section 302 read with Section 149 IPC; acquittal of accused Baljit Singh under Sections 307 and 25 of the Arms Act; acquittal of Sukhwinder Singh, Gurbachan Singh, Amrish Kumar and Jagdish Lal under Section 307 read with Section 149 IPC and acquittal of all the accused for offence under Section 148 IPC.

(2.) PROSECUTION version is that on 16.3.1999 at about 10:00 P.M. Tejinder Singh, complainant, accompanied by his brother Balraj Singh, since deceased, after attending the meeting of Akali Dal were coming in their Maruti car bearing registration No. PB -10 -AC -8071. Charanjit Singh @ Pannu son of Darshan Singh, resident of Lal Quaters, Basti Abdullahpur, Ludhiana, after dropping Amarjit Singh Bhatia at his residence also accompanied them. Balraj Singh deceased was driving the car and Tejinder Singh was sitting on the front co -driver seat. Charanjit Singh @ Pannu was sitting on the rear seat. Charanjit Singh @ Pannu was accompanying the complainant as he was to bring back the vehicle after dropping the complainant and his brother Balraj Singh at their house.

(3.) WHEN they reached in the street near the house of Banta Singh Fauji, there was a curve where a Maruti car was found parked in the slanting position. Balraj Singh blew horn of his car and asked the driver of the car to remove the car to one side of road. Then out of the said car, Gurbachan Singh son of Dalip Singh, resident of Fauji Mohalla, Basti Abdulapur, Ludhiana accompanied by his two sons Sukhwinder Singh @ Bhap and Baljit Singh and two others, namely, Jagdish Lal and Amrish Kumar sons of Amir Chand, residents of Fauji Mohalla, Basti Abdulahpur, Ludhiana, alighted.