STATE OF HARYANA Vs. SUKHDEV SINGH & ORS.

JUDGEMENT

(1.) ON 22nd of July, 1991, FIR No.512 under Section 307 read with Section 34 of the Indian Penal Code was lodged in Police Station, Baragudha, at the behest of Makhan Singh son of Nand Singh PW5. According to the same, Makhan Singh was travelling in a jeep, which was being driven by Pohla Singh PW6 from Sirsa to Rori. On Buta Singh was sitting on the front seat while Makhan Singh was sitting on the rear seat of the jeep. At about 4.30 -5.00 P.M. when the jeep crossed the liquor vend situated in village Alika, Sukhdev Singh, Gurdev Singh alias Guddar and Munna alias Joginder Singh were found standing in front of its gate. Gurdev Singh was holding a.315 bore rifle in his hand whereas Sukhdev Singh and Munna were armed with 12 bore guns. When the jeep crossed the liquor vend, all three of them started firing. A fire shot from .315 bore rifle hit the hoodpipe of the jeep and then the right shoulder of Makhan Singh. Shots from 12 bore guns hit the jeep on the Dala on the back side. Makhan Singh, who was injured, was removed by Buta Singh and Pohia Singh to General Hospital, Sirsa.

(2.) MAKHAN Singh was medico legally examined at 8.10 P.M. on the same day, by Dr.Narinder Chaudhari PW1, who forwarded intimation regarding the admission of Makhan Singh in an injured condition to the Incharge, Police Station City, Sirsa. On receipt of the intimation, ASI Janardhan PW7 went to the hospital, moved an application Ex.PC for ascertaining the opinion of the doctor about the fitness of Makhan Singh injured and ultimately recorded his statement at 9.00 P.M. on 22.7.1991. According to Makhan Singh, the motive for the incident was that some hot words had been exchanged between him and Gurdev Singh, Sukhdev Singh and Joginder Singh, at the time of auction of liquor vends in March, 1991. On the basis of the statement of Makhan Singh formal FIR was registered on 22.7.1991. Thereafter, ASI Janardhan visited the place of occurrence, prepared a rough site plan and recorded the statements of Buta Singh and Pohla Singh, Gurdev Singh and Joginder Singh were arrested on 25.7.1991 and 27.7.1991 respectively. After arresting Gurdev Singh his .315 bore rifle Ex.P2 along with two live cartridges Exs.P3 and P4 and licence Ex.P5 were was taken into possession through recovery memo Ex.PL. On 22.7.1991, shirt of Makhan Singh Ex.P1 was also taken into possession through recovery memo Ex.PM. On 31.7.1991, the jeep in which the injured and other witnesses were travelling was taken into possession vide recovery memo Ex.PJ. After receipt of the report the investigation, a challan under Section 307 read with Section 34 of the Indian Penal Code and under Sections 25 and 27 of the Arms Act, was presented against Sukhdev Singh, Gurdev Singh and Joginder Singh before the Ilaqa Magistrate, who committed the case to the Court of Sessions.

(3.) TO bring home the charge, the prosecution examined Dr.Narinder Chaudhari PW1, Dr.S.L.Aggarwal PW2, Sunhera Singh PW3, Constable Jai Parkash PW4, Makhan Singh PW5, Pohla Singh PW6, ASI Janardhan PW7 and HC Kamaljit Singh PW8.