GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dtd. 20/12/2003 passed by the Addl. Sessions Judge, Gurdaspur.

(2.) The FIR was registered on 5/5/2001, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Gurdaspur is dtd. 20/12/2003, the appeal was filed on 23/1/2004 and the matter is being taken up for hearing now i.e. after a period of more than 24 years from the date of registration of the FIR.

(3.) Briefly stated the case of the prosecution is that on 5/5/2001 at about 9:00 a.m. SI Swaran Singh (PW4), P.S. Ghoman alongwith SI Arbinder Singh, ASI Surjit Singh, H.C. Gurinder Kumar No.1611, H.C. Palwinder Singh No.2188, C. Davinder Singh No.2680, C. Rachhpal Singh No.3188 C. Madan Lal No.2590 were present on the bridge of a minor in the area of village Pandori near Gurdwara Tapiala Sahib. SI Swaran Singh received secret information that a land dispute was pending between Gurjit Singh and Amarjit Singh sons of Sardara Singh jats residents of village Padde in the Court of Shri Sanjiv Joshi PCS, Judicial Magistrate Ist Class, Batala. Gurjit Singh S/o Sardar Singh, jat or village Padde now at Baba Bakala and Dalbir Singh son of Shangara Singh, Jat of village Padde alongwith 2/3 more unidentified persons were present on the bridge of a minor in the area of village Pandori having .12 bore gun and a scooter. Amarjit Singh, deceased son of Sardar Singh, jat of village Padde, who was a resident of village Ghuman was to appear in a Court at Batala and it was possible that Gurjit Singh accused and others would cause physical harm to Amarjit Singh, deceased. At this, SI Swaran Singh alongwith the police party reached on the bridge of a minor in the area of village Pandori and saw the dead body of Amarjit Singh lying on the left side of the bridge of the minor in a pool of blood. There were gun shot injuries on his right thigh, left eye and other parts of the body. On the right side of the bank of the minor, the dead body of his wife Jagir Kaur was lying in a pool of blood having gun shot injuries on her left ear and the jaw and also on the right side of her chest. The murder of Amarjit Singh and Jagir Kaur had been committed by the accused Gurjit Singh and Dalbir Singh alongwith 2/3 unidentified persons with their common intention. On the basis of the secret information, ruqa Ex. PL was sent to the Police Station, Ghoman for registration of the case on the basis of which the present case FIR was registered against the accused.