BHUPINDER SINGH Vs. STATE OF PANJAB

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 1-6- 2004 of the Additional Sessions Judge (Ad hoc), Fast Track Court, Faridkot whereby he convicted appellant Bhupinder Singh under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to further undergo R.I. for 2 months. Bhupinder Singh was further convicted under Section 307, IPC and sentenced to undergo RI for 7 years and to pay a fine of Rs. 1,000/-, in default to further undergo RI for one month. Bhupinder Singh was further convicted under Section 5 of the Explosive Substances Act, 1908 and sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 1,000/-, in default, to further undergo R.I. for one month. However, all the sentences were ordered to run concurrently.

(2.) The case of the prosecution is unfolded by the statement of Ram Kumar given to ASI Surjit Singh on 9-7-1997 at 9.45 p.m. in the area of Civil Hospital, Baghapurana. He stated, that he was a priest in Durga Temple Keleke Road for the last 30/35 years. He is residing in the upper portion of the temple along with his children. He had five sons Shiv Charan, Pardip Kumar, Darshan Kumar, Mahabir Parshad and Rajinder Kumar and one daughter Sushila. Out of them, Mahavir Parshad, Rajinder and Sushila and his eldest son Shiv Charan are married. On that day at about 8.30 p.m., he along with his son Mahavir Parsad after performing Aarti in the Durga Temple, were making preparations for closing the temple. A young man with hair cut, wearing a blue colour pant and a shirt came in the temple. He threw a bomb and placed one bomb in a tin (Pipi) parallel to the idol of Hanuman. Thereafter this young man fired a shot with his pistol or revolver at his son Rajinder Kumar which hit him on the left side of his chest. Thereafter the boy ran away. His son Mahavir Parsad raised an alarm and chased the boy. In the meantime, a powerful bomb blast took place. The complainant along with his son came back running to the temple. They saw the glasses of windowpanes of the room situated on the right side broken and scattered. He further saw that his granddaughter Poonam was bleeding profusely. At that time electric light in the temple was on. Rajinder Kumar and Poonam were taken to the Civil Hospital, Baghapurana. On reaching the hospital, they came to know that the same young man had killed two labourers of Bihar and had injured two labourers of Bihar in a temple on Kalake road. Rajinder Kumar succumbed to the fire shot injuries in the Civil Hospital.

(3.) The prosecution to prove its case, brought into the witness-box P.W. 1 Rajinder Kumar, P.W. 2 Dr. R. S. Khurmi, P.W. 3 Dr. Arvinder Gill, P.W. 4 Karnail Singh, P.W. 5 Chamkaur Singh, P.W. 6 Ram Kumar, P.W. 7 Mahavir Parsad, P.W. 8 HC Degumber Singh, P.W. 9 ASI Surjit Singh, P.W. 10 Dr. Iqbal Singh, P.W. 11 Ramjtt Dass, P.W. 12 Ami Chand, P.W. 13 Krishan Kumar Goyal, P.W. 14 Dr. Mohinder Pal, P.W. 15 Gursewak Singh, Draftsman, P.W. 16 Constable Manjit Singh, P.W. 17 ASI Kundan Lal, P.W. 18 Constable Ram Rakha, P.W. 19 HC Gurpeet Singh, P.W. 20 Dr. Arvinder Gill, P.W. 21 Dr. R. S. Khurmi, P.W. 22 Chamkur Singh, P.W. 23 Karnail Singh, Executive Magistrate, P.W. 24 S.I. Rajinder Kumar, P.W. 25 HC Rajinder Singh, P.W. 26 Dr. Vajinder Singh and P.W. 27 Inspector Joginder Singh.