STATE OF PUNJAB Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THE lights of the house of Master Harnek Singh were switched off on 9th of May, 1990 when he met with an edge of doom. As per the prosecution version, on the said fateful day, Sukhdev Singh son of Pal Singh, resident of village Balipur Kalan, and Gurnam Singh son of Ram Krishan Singh, resident of village Bains, were going to village Daudhar in their car. At about 10.00 a.m., when they reached the turning of the road from where the road turns towards village Daudhar, Harnek Singh deceased, who was known to them, was seen coming on foot. At that time, appellants, Sukhdev Singh son of Jaswant Singh alias Banta and Tarlochan Singh son of Bhajan Singh of village Bassian were going on scooter on the road, which was leading towards Daudhar side. When they reached near the Telephone Pole, they stopped their scooter and got down. Appellant Sukhdev Singh took out a pistol from the dub of his pyjama and fired two shots at the head of Harnek Singh, as a result of which, he fell down and while he was lying on the ground, appellant Sukhdev Singh fired two more shots on his chest. On seeing this, Sukhdev Singh son of Pal Singh and Gurnam Singh son of Ram Kishan Singh stopped their car and they started taking care of Master Harnek Singh and while they were busy in doing so, both the appellants sped away on their scooter. Harnek Singh died at the spot. Sukhdev Singh and Gurnam Singh followed the accused in order to apprehend them, but they could not be seen and escaped from the spot. Both Sukhdev Singh and Gurnam Singh proceeded towards Police Station Mehna for registration of the case, but ASI Gulzar Singh met them at Ajitwal Crossing, where Gurnam Singh made a statement Ex. PD and on the basis of that statement, a case was registered at Police Station Mehna vide FIR No. 18 dated 9.5.1990 under Sections 302/34 IPC and 25 of the Arms Act against both the appellants. As per the prosecution version, Master Harnek Singh deceased had a dispute with his brother Inderjit Singh over a wall. Appellant Sukhdev Singh is brother of the wife of Inderjit Singh, while appellant Tarlochan Singh is the son of another brother of the wife of Inderjit Singh and on account of this, appellants Sukhdev Singh and Tarlochan Singh had murdered Master Harnek Singh. The Investigating Officer came to the spot and prepared inquest report Ex. PA, which was attested by Amarjit Singh son of Naginder Singh and Atamjit Singh son of Mastan Singh. Post Mortem Examination on the dead body of Master Harnek Singh was conducted by Dr. Arun Kumar. According to this witness, the cause of death of deceased Harnek Singh was due to shock and hemorrhage due to the injuries suffered by him, which were sufficient to cause death in the ordinary course of nature and the said injuries were ante mortem in nature. The Investigating Officer lifted three empties of .32 bore lying at the spot and put them into a parcel, which was sealed with the seal 'GS' and thereafter, he took the said parcel into possession vide memo Ex. PC, which was attested by Boota Singh and Krishan Lal witnesses. ASI Gulzar Singh prepared the rough site plan of the place of occurrence. Statements of the witnesses were recorded and the appellants were arrested. After completion of the investigation, the appellants were challaned under Sections 302/34 IPC and 25 of the Arms Act.

(2.) THE Illaqa Magistrate committed the case of the Court of Sessions vide order dated 30.4.1991 and the Sessions Judge, Faridkot, on finding a prima facie case, charge-sheeted appellant Sukhdev Singh for an offence under Section 302 of the Indian Penal Code, while appellant Tarlochan Singh was charge-sheeted under Section 302 read with Section 34 of the Indian Penal Code, to which both the appellants pleaded not guilty and claimed trial.

(3.) WHEN examined under Section 313 Cr.P.C., both the appellants denied the prosecution allegations and pleaded false implication. They also examined DW-1 Kapoor Singh, DW-2 Harchand Kaur, DW-3 Himmat Singh, DW-4 DSP Harbans Singh and DW-5 Surinder Kumar in their defence.