YADWINDER SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The present appeal, filed by the victim Yadwinder Singh, is directed against the order passed by the learned trial Court on 17.12.2014, whereby Jaswinder Kaur wife of Gurpal Singh, Shaminder Kaur wife of Gursewak Singh, Randhir Singh alias Kaka son of Major Singh and Satwant Singh son of Tarlok Singh were acquitted of the charges for the offences under Sections 302/307/450/452/120-B/109/148/149 of IPC and under Sections 27/30 of Arms Act levelled against them while granting benefit of doubt.

(2.) The prosecution case was set in motion on the statement of injured Yadwinder Singh-the present appellant, made to SI Krishan Kumar Panthey, SHO, PS- Dirba on 24.12.2012 at about 10.30 PM. In his statement, Yadwinder Singh stated that on 24.12.2012 at about 6.30 PM, he (complainant), his father Hakam Singh, mother Gurmeet Kaur, his wife Ramandeep Kaur and his friend Jaswant Singh son of Ram Singh were sitting in the courtyard of their house, when Jasbir Singh, his father Gursewak Singh, Harmeet Kaur wife of Jasbir Singh, Shaminder Kaur wife of Gursewak Singh and elder brother of Jasbir Singh namely Raghbir Singh @ Pappi of village Longowal as well as Deepa of village Namol along with 4/5 other persons, to whom he can identify, entered their house armed with guns and sharp edged weapons. Harmeet Kaur and Shaminder raised lalkara that they be not spared and should be finished whereas elder brother of Jasbir Singh and Deepa caught hold of his father Hakam Singh. Then Jasbir Singh opened fire upon his father Hakam Singh, which hit the abdomen of his father. Jasbir Singh opened second fire which hit the appellant on his upper right arm. When his wife and mother raised noise, Jaswant Singh came forward but the accused ran out of the house along with their respective weapons. Thereafter, Hakam Singh and the appellant were shifted to Civil Hospital, where doctors declared Hakam Singh as brought dead.

(3.) After considering the evidence on record, the learned trial Court found that Shaminder Kaur is influential political leader and that she has been falsely implicated as it is a matter of common knowledge that in cases of group rivalries, there is as attempt to involve as many persons as possible of the rival group. It is also found that she is an old lady and accused party had gone to the house of the deceased, which is situated at different place from where the accused party is residing.