LAWS(P&H)-2015-4-86

GURDIAL SINGH AND ORS. Vs. STATE OF PUNJAB

Decided On April 08, 2015
Gurdial Singh and Ors. Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS order shall dispose of aforementioned two appeals preferred by Gurdial Singh @ Hardial Singh @ Dali son of Gurbax Singh and Sucha Singh @ Ghucha son of Mohinder Singh aggrieved against the judgment of conviction and order of sentence dated 20.04.2010 passed by the learned Additional Sessions Judge, Amritsar, whereby both the appellants were convicted for the offences punishable under Sections 396/341 read with Section 34 IPC and sentenced to undergo for varying terms as mentioned in the order of sentence.

(2.) THE prosecution case was set in motion, when SI Harish Behl, SHO, P.S. Airport, Amritsar, received a telephonic call from Janta Hospital, opposite Central Jail, Amritsar, regarding admission of one Amrik Singh son of Swaran Singh due to gun -shot injury. He reached hospital and got recorded the statement of Harcharan Singh son of Anoop Singh on 15.06.2007 at about 3.30 PM. In his statement (Ex. PG), Harcharan Singh stated that on 23.05.2007, he and his brother namely Sukhchain Singh have agreed to purchase 4 1/2 acres of land situated at Mohan Bhandaria Fatehgarh Churian from Jagdip Singh @ Judge son of Jhirmal Singh @ Iqbal Singh and Paramjit Singh son of Amrik Singh, both residents of Nijjarpura, at the rate of Rs. 10,75,000/ - per acre. An amount of Rs. 23,45,000/ - was paid to Jagdip Singh and Paramjit Singh as part payment and the sale deed was to be executed on 15.06.2007. As per agreement, he arranged to pay Rs. 26,00,000/ -. Since the amount was huge, he arranged Zen car bearing registration No. PB -02 -888 from his neighbourer Prem Singh son of Raghbir Singh. Thereafter, at about 12.45 PM, he alongwith his brother Sukhchain Singh; father Anoop Singh; nephew Hoshiar Singh and brother -in -law Amrik Singh proceeded towards Ajnala Tehsil on the said car for execution of sale deed. At about 1.00 PM, when they reached near the farm house of Numberdar Waryam Singh resident of Village Heir, six young persons i.e. three persons riding on a red colour motorcycle and three others were pushing it, suddenly brought the motorcycle in front of their car as a result of which, he applied brakes of the car. Out of them, five persons took out their pistols and pointed towards them and asked them to come out of the car. He, his brother Sukhchain Singh and nephew Hoshiar Singh came out of the car. Then all the assailants started snatching the bag containing cash from his father Anoop Singh. His brother -in -law Amrik Singh tried to save the said bag and got grappled with the assailants. In the meantime, one of the assailants shot fire with his pistol on his brother -in -law, which hit in his abdomen. He further stated that after taking bag containing cash from his father, he ran away. After coming out of the car, his father started raising hue and cry as a result of which, people started gathering at the spot. Thereafter, all the assailants absconded from the spot on the motorcycle as well as on their car. He further stated that after arranging the vehicle, they removed Amrik Singh to Janta Hospital, Opposite Central Jail, Amritsar.

(3.) ON the same day, on receipt of secret information to the effect that the car, which was taken by the assailants, has been abandoned near Meeran Kot Chowk, SI Harish Behl reached there and got recovered the same. On search of the car, one live cartridge of 9 mm was recovered. After converting into separate parcel, the same was taken into possession alongwith the car. He also prepared the rough site plan Ex. P.K.