PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Pritam Singh, alongwith five others, was tried for committing the offence punishable under Section 396 IPC on the allegations that while committing dacoity, they also murdered Baljit Singh. Vide judgment and order dated 13/15.9.2003, the Sessions Judge, Ferozepur acquitted Jagir Singh and Jaswant Singh of the charges against them. The appellant, alongwith Jagga Singh, Hardev Singh and Bagicha Singh, was convicted under Section 394 IPC. While Jagga Singh was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months, appellant Pritam Singh, Bagicha Singh and Hardev Singh were sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.300/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. The period of detention already undergone by them was ordered to be set off against the sentence of imprisonment imposed upon them.

(2.) The case of the prosecution, in nutshell, is that on 30.11.1990 at about 8.30 p.m., complainant Lalu Ram, who used to work as a Siri with Baljit Singh, since deceased, was tethering cattle in the farm house while Baljit Singh was inside his house.

(3.) The shutter of the house was closed. Four persons, aged about 25/26 years having medium height and wearing kurtas and Pyjamas came there. Three of them had wrapped themselves with blankets while the fourth with a loi. All of them were having beard and hair. One of them was armed with .12 bore gun, two with pistols and one had a weapon like plastic stain. Out of them one caught hold of the complainant and asked as to how many persons lived inside the house. He also directed him to open the shutter. When the complainant refused to do so, one of the assailants grappled with him and threw him on the ground. The person carrying the gun kept standing at a distance. An alarm was raised by the complainant which attracted Baljit Singh, who separated him from the assailants. Two assailants then started grappling with Baljit Singh, while one held the complainant and kept him at some distance. When Baljit Singh was having a scuffle with the assailants, the person carrying the gun fired at him but it hit the upper portion of the wall above the shutter. One more shot was fired which hit Baljit Singh on the left side of his chest. As a result Baljit Singh fell down on the ground. The complainant became afraid and ran from the farm house towards village Churiwala Dhanna. While Baljit Singh was lying fallen, his wife Chhinder Pal Kaur had also reached the spot. Later on, the complainant and Chhinder Pal Kaur took Baljit Singh in an injured condition to the Civil Hospital, Abohar. The complainant then made statement Ex.PD before ASI Daljit Singh, on the basis of which FIR No.239 dated 1.12.1990 was registered at Police Station Khuian Sarwar. Later on, Baljit Singh succumbed to the injuries and, accordingly, offence under Section 396 IPC was added to the heading of the FIR.