BAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment dated 5.4.2000 of the Sessions Judge, Faridkot whereby he convicted Baj Singh son of Joginder Singh under Section 302 read with Section 34 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) The prosecution case is unfolded by the statement Ex.PD of Sukhdev Singh, given to Gurdial Singh SI/SHO, Police Station Sadar Malout. Sukhdev Singh stated that he is a resident of village Malout and was working as a Punjab Home Guard (hereinafter called "P.H.G.") volunteer at Police Station Sadar Malout. On 27.9.1990 he and H.C./PHG Gurmit Singh, who was also posted at Police Station Sadar Malout, were going to meet Sukhdev Singh son of Jagraj Singh, resident of village Alamwala, for the service of a written order. On reaching village Alamwala, they came to know that Sukhdev Singh son of Jagraj Singh had gone to village Ratta Khera. Thereafter Sukhdev Singh and Gurmit Singh started for village Ratta Khera on a cycle. When they reached the village, two persons riding on a scooter passed by them. These two persons then turned back, after going a little distance. It was about 6.30 P.M. and when Sukhdev Singh and Gurmit Singh reached near the culvert of Pacca Khal of village Alamwala, the pillion rider of the scooter, who was aged about 20/21 years having a fair complexion and small beard fired a shot from his revolver. The shot hit the right cheek of Gurmit Singh, who was sitting on the pillion seat of the cycle. The cycle fell down. Sukhdev Singh ran away towards the cotton fields. The scooter was being driven by Baj Singh son of Joginder Singh, resident of Ratta Khera, who was known to Sukhdev Singh. Baj Singh was wearing a Siri Sahib (small kirpan). After going a little distance, Gurmit Singh fell down in the pacca khal. Baj Singh came near Gurmit Singh and inflicted kirpan blows, in his abdomen, while he had fallen down. Sukhdev Singh thereafter went to the Police Station and recorded his statement. On the basis of the statement, formal FIR Ex.PF was recorded on the same day at 7.55 P.M. Special report reached the Sub Divisional Judicial Magistrate, Malout on 27.9.1990 at 9.30 P.M. Prosecution to prove its case brought into the witness box Amarjit Singh as PW1, Dr.Lakhbir Singh Sandhu as PW2, Sukhdev Singh as PW3, H.C. Malkiat Singh as PW4, Gurdial Singh as PW5, Kulwant Singh as PW6, Inspector Jaspal as PW7, DSP Raghbir Singh Chahal as PW8 and ASI Bhajan Singh as PW9.

(3.) Learned counsel for the appellant has argued that the coaccused of the appellant was not arrested. It was the co-accused who had fired the fatal shot, allegedly on the deceased. Appellant could not have been convicted under Section 302 IPC read with Section 34 IPC. It is the case of the prosecution that Sukhdev Singh along with the deceased had gone to village Alamwala to serve an order on one Sukhdev Singh. Copy of the order has not been placed on the file. The cycle being ridden by complainant Sukhdev Singh and deceased Gurmit Singh was not taken into possession. Neither was the scooter which was being allegedly driven by the appellant taken into possession by the Investigating Officer. Dr.Lakhbir Singh Sandhu PW2 in his testimony has stated that injury No.1 is of such a nature, that death would be spontaneous. It could not have been possible for the deceased to have gone running for some distance. As per site plan Ex.PH, distance between Point A where the dead body was lying and point C where the scooter was lying is 40 karams. There was no motive for the appellant to have fired a shot at the deceased.