BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of above-mentioned two appeals, wherein judgment dtd. 14/1/2005 passed by learned Additional Sessions Judge, Ludhiana, is being assailed. Vide impugned judgment, both the appellants namely Baljit Singh and Dinesh Chaturvedi have been held guilty and sentenced as under:

(2.) The matter arises out of FIR No.140 dtd. 30/3/1999 registered at Police Station Sadar Ludhiana, under Ss. 302/34 IPC (Ex.PA/1) on the basis of statement (Ex.PA) of Vinod Kumar, wherein he stated that on 30/3/1999, he alongwith his wife Shaveta, daughter Tanya and niece Alisha had gone to Ludhiana in connection domestic work in their Tata Sumo bearing registration No.HR-01F-5676. While on their way-back from Ludhiana to Jalandhar, at about 5.00 PM when they were near Sutlej Bridge, a police official signaled them to stop the vehicle and he accordingly stopped the same. The police official namely PHG Dinesh Chaturvedi asked him to come out of the vehicle and while he was alighting from the same, another police official namely C-1 Baljit Singh, who was standing nearby, shouted loudly telling him to come out failing which they will shoot. While he was coming out of the vehicle, both the said police officials shot at his Tata Sumo and one of the shots hit his wife Shaveta on the right side of her chest. On account of their hue and cry, several persons were attracted to the spot, who suggested the complainant to rush his wife to hospital. Although the complainant's wife Shaveta was taken to hospital, but she succumbed to the injuries upon reaching the hospital. The complainant alleged that both the aforesaid officials, who had fired shots killing his wife, were under influence of liquor.

(3.) Pursuant to lodging of FIR, the police swung into action and visited the place of occurrence and also the hospital. Since the complainant's wife had already expired, inquest report was prepared. The dead body was got subjected to post-mortem examination. Statements of the witnesses were recorded in terms of Sec. 161 Cr.P.C. Rifle allotted to Dinesh Chaturvedi alongwith one empty cartridge and 4 live cartridges as well as rife allotted to Baljit Singh alongwith 5 live cartridges were taken into possession and sent for ballistic examination.