HARBHAJAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is preferred by Harbhajan Singh son of Ganga Singh, Dilbagh Singh & Rachhpal Singh, both sons of Harbhajan Singh and Manjinder Kaur @ Bholi daughter of Harbhajan Singh, against the judgment of conviction and order of sentence dated 15.11.2002 passed by the Additional Sessions Judge, Gurdaspur, whereby appellants namely Rachhpal Singh and Manjinder Kaur were convicted for the offences punishable under Sections 302 IPC for the murder of Mohinder Singh and Baljit Singh respectively, whereas Dilbagh Singh and Harbhajan Singh were convicted for an offence punishable under Section 302 IPC read with 34 IPC. Apart from that, appellant Manjinder Kaur @ Bholi was convicted for an offence punishable under Section 307 IPC, whereas other appellants were convicted under Section 307 IPC read with Section 34 IPC. All the appellants were sentenced to undergo imprisonment as mentioned in the order of sentence.

(2.) THE prosecution case was set in motion on the statement of Amrik Singh son of Charan Singh, made to ASI Sukhwinder Singh, P.S. Ghanie -Ke -Banger on 07.07.1995. In his statement (Ex.PA), Amrik Singh stated that he had two sons and one daughter namely Sukhwinder Kaur @ Sukhi. His daughter Sukhwinder Kaur was married to Avtar Singh son of Harbhajan Singh resident of Village Kothey about 1 1/2 years ago. He stated that Rachhpal Singh @ Fauji and Dilbagh Singh, brothers of his son -in -law; Bholi, sister of his son -in -law as well as Harjinder Kaur and Harbhajan Singh, mother and father of his son -in -law, used to beat his daughter. His son -in -law Avtar Singh, who was employed in Health Department and his daughter Sukhwinder Kaur started residing at Batala in a rented house. They were not allowing his daughter to enter into their house at Village Kothey. On 07.07.1995, he alongwith his cousin Anup Singh son of Kartar Singh, his younger brother namely Mohinder Singh and his son Baljit Singh went to Village Kothey in order to prevail upon Harbhajan Singh and his family that they should not harass his daughter and if she had any fault then tell them. At about 6.00 PM, when they reached in front of the house of Harbhajan Singh, he alongwith his brother Mohinder Singh tried to enter in the house from the outer door, whereas his son Baljit Singh and his cousin Anup Singh were still outside. On seeing him and his brother Mohinder Singh entering in the house, Rachhpal Singh @ Fauji brought a double barrel rifle from inside the house and pointed it towards his brother Mohinder Singh. Due to fear, he ran away, whereas his brother Mohinder Singh tried to enter in a room of their house to save himself. He further stated that when Mohinder Singh has just reached near the door of the room, then Harbhajan Singh and his son Dilbagh Singh, who were present in the house, caught his brother from his hair and made him to fall on the ground. While his brother was lying on the ground, Rachhpal Singh fired a shot with his rifle, which hit his brother Mohinder Singh, as a result of which he died at the spot. Thereafter, Rachhpal Singh armed with rifle came out of the house towards them. His son Baljit Singh tried to run away on his motor -cycle, which was parked nearby. However, Harjinder Kaur, mother of Rachhpal Singh stood in front of the motor -cycle, whereas Bholi snatched the rifle from her brother Rachhpal Singh and fired a shot at his son Baljit Singh, which hit on the right side of his neck. When his son fell down on the ground, Bholi fired another shot, which hit him on the back side of his left shoulder as a result of which he died at the spot. Due to fear, he took shelter near a wall, whereas his brother Anup Singh remained near the dead body of his son Baljit Singh. On seeing him near the wall, Bholi fired two shots from the rifle towards Anup Singh, which did not hit him. Thereafter, he ran away and concealed himself in the house of Jagtar Singh, who is neighbourer of Harbhajan Singh. After some time, his cousin Anup Singh came to the house of Jagtar Singh and informed him that all the persons ran away from the spot alongwith rifle. He further stated that after leaving Anup Singh near the dead body, when he was going to police station to lodge a report, ASI Sukhwinder Singh met him at Aliwal Bye -pass and got recorded his statement. On the basis of such statement, ruqa (Ex.PA/1) was sent to the Police Station for registration of an FIR around 9.30 PM. On receipt of ruqa, FIR (Ex.PA/2) was recorded by SI Bakshish Singh.

(3.) THE post -mortem examination on the dead bodies of Mohinder Singh and Baljit Singh was conducted by PW -2 Dr. Harbhajan Singh, Medical Officer, PHC, Bhulla on 08.07.1995 at about 12.30 PM and 2.00 PM respectively. He found the following injuries on the dead body of Mohinder Singh: