NARINDER KUMAR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT appeal has been preferred by Narinder Kumar @ Nindi, Mahesh Inder @ Happy, Karnail Singh and Jai Kishan @ Bhola impugning judgment and order dated 20.02.2010 passed by learned Additional Sessions Judge, Patiala who has convicted them for offences punishable under Sections 302/307 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302 read with Section 34 IPC, besides, pay a fine of Rs. 10,000/ - each and in default thereof, to further undergo imprisonment for one year and to undergo rigorous imprisonment for five years each for offence punishable under Section 307 read with Section 34 IPC, besides, pay a fine of Rs. 2,000/ - each and in default thereof, to further undergo imprisonment for five months. Appellants Narinder Kumar and Mahesh Inder @ Happy have additionally been convicted of the offences punishable under Sections 25 and 27, respectively, of the Arms Act and sentenced to undergo rigorous imprisonment for three years each, besides, pay a fine of Rs. 2,000/ - each and in default thereof, to further undergo imprisonment for five months. All the sentences were however ordered to run concurrently.

(2.) PROSECUTION was set in motion pursuant to death of Amandeep Kumar due to fire -arm injury on the intervening night of 27/28.11.2005. Complainant Jai Krishan PW3, father of deceased Amandeep Kumar recorded his statement, Ex.PD before PW16 Inspector Gurinder Singh on 28.11.2005 at 12.15 a.m. (midnight) to the effect that he alongwith his elder son Amandeep Kumar and younger son Raman Kumar as well as his brothers Raj Krishan and Bhushan Lal had come to attend the marriage of younger son of Om Parkash at Sangam Marriage Palace in the area of village Guthmara in the evening of 27.11.2005. It was about 9.30 p.m. when they were taking meals that appellants Narinder Kumar @ Nindi, Mahesh Inder @ Happy and Karnail Singh arrived there. On spotting the complainant party, Karnail Singh exhorted Narinder Kumar @ Nindi to avail the opportunity which presented itself and to finish the entire controversy once and for all rather than endure the problem everyday. On this Mahesh Inder @ Happy handed over his revolver to Narinder Kumar @ Nindi who shot at him with an intention to kill the complainant. Complainant however ducked and saved himself. In the meantime, Narinder Kumar @ Nindi fired upon his son Amandeep Kumar which hit him on his chest. Amandeep Kumar fell on the ground. Complainant and his companions raised alarm. Accused alongwith their revolver fled from the marriage palace, boarded a Maruti car kept in a running state by accused Jai Kishan @ Bhola son of Nikka Ram outside the gate of the marriage palace. The car belonged to Jai Kishan @ Bhola. They fled towards Devigarh. Amandeep was taken in an injured condition to Amar Hospital, Patiala where the doctor declared him dead. Motive was revealed to be a grudge held against the complainant who had remained Sarpanch of village Masighan twice consecutively. Appellant Narinder Kumar @ Nindi had lost one election in the year 2003. Narinder Kumar @ Nindi's uncle Sat Pal had won the election by margin of seven votes statedly through unlawful means and cheating. Said election was challenged before the Deputy Commissioner by the complainant which was still pending. Proceedings under Sections 107/151 Cr.P.C. had also been initiated amongst them. Complainant party had given an application against the accused side. Due to the said reason, all the accused in connivance with each other had murdered his son Amandeep Kumar. He prayed for legal action to be taken.

(3.) PW 16 Inspector Gurinder Singh was transferred on 28.11.2005 and further investigation was carried out by PW17 Inspector Harpreet Singh who joined as SHO Police Station Julkan on 28.11.2005 itself. On receipt of secret information regarding whereabouts of the accused, he alongwith police party and complainant Jai Krishan apprehended Narinder Kumar @ Nindi, Mahesh Inder @ Happy and Karnail Singh in a Tavera vehicle bearing registration No. PB11 -AC -0116 and appellant Jai Kishan @ Bhola in Maruti car bearing registration No. HR -01D -4283. All the accused were arrested. Revolver.32 bore was recovered from the search of appellant Narinder Kumar @ Nindi. Three empty cases of.32 cartridges as well as three live cartridges were unloaded from the revolver. Ten live cartridges of.32 bore were recovered from the right pocket of Narinder Kumar @ Nindi. Said articles were recovered and taken in possession vide Ex.PO attested by ASI Nirmal Singh and Jai Krishan. Maruti car recovered from accused Jai Kishan @ Bhola was taken in possession and Tavera vehicle alongwith documents, namely, Bills from Dada motors in the name of Narinder Kumar, Form 20, Delivery slip, Challan slip showing deposit of tax and a wedding card addressed to Narinder Kumar for attending the marriage on 27.11.2005 at Sangam Palace, Patiala Road, Devigarh was recovered from appellant Narinder Kumar @ Nindi and taken in possession vide memo Ex.PP.