DURLABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Durlabh Singh (28) alongwith his brother Harpreet Singh (23), grand father Darbara Singh (79) of Dad, District Ludhiana, and grand father's brother Banta Singh's son Chamkaur Singh (67) of Dad Gobindpur, District Sangrur, faced trial before Additional Sessions Judge, Ludhiana for the murder of Gurminder Singh (32) and for the attempt on the life of Harjit Singh (PW-3). At the trial Darbara Singh was acquitted while Durlabh Singh, Harpreet Singh and Chamkaur Singh were found guilty of the offences. Durlabh Singh and Harpreet Singh were convicted under Section 302 I.P.C. and sentenced to imprisonment for life. Chamkaur Singh was convicted under Section 302/34 I.P.C. and sentenced for life. Chamkaur Singh was convicted under Section 307 I.P.C. and sentenced to rigorous imprisonment for six years. They were also sentenced under other offences and to sentences of fine which have been described in details in the judgment of the trial court. Durlabh Singh and Harpreet Singh have filed Criminal Appeal No.460 DB of 2004 while Chamkaur Singh has filed Criminal Appeal No.429 DB of 2004. Both appeals shall be decided by this common judgment.

(2.) On the morning of April 22,1999 at about 8 a.m. Harjit Singh (PW-3) came to the house of Manjinder Singh(PW-1) and Gurminder Singh (deceased) in Dad, District Ludhiana,to borrow a tractor-trolley to lift wheat chaff from his fields. Manjinder Singh's father Gurcharan Singh asked them to take tractor-trolley and get the chaff removed .Whereupon Manjinder Singh(PW-1),Gurminder Singh(deceased) and Harjit Singh went to the latter's fields and parked the tractor-trolley near the heap of chaff. Harjit Singh (PW-3) and Gurminder Singh (deceased) started for the village to collect labourers. The time was about 8-30 a.m. when they had reached Harjit Singh's fields.A Maruti car came and stopped near the tractor. Durlabh Singh, Harpreet Singh, Darbara Singh and Chamkaur Singh alighted from the car and on Darbara Singh's exhortation, that they should not be allow to go, Gurminder Singh and Harjit Singh got down from the tractor and started to run. Durlabh Singh opened the attack by firing from his double barrel gun towards Gurminder Singh. He then handed over his weapon to Harpreet Singh who fired two shots at Gurminder Singh. Harpreet Singh again reloaded the weapon but Chamkaur Singh snatched the gun from him and fired a shot at Harjit Singh. He fired a second shot towards Manjinder Singh. In the meantime Gurcharan Singh had also reached the spot. Manjinder Singh and Gurcharan Singh raised alarm whereupon accused escaped towards the village alongwith their weapons. When they reached near the spot they found that Gurminder Singh had succumbed to the gun shot injuries while Harjit Singh had also sustained injuries on his left arm. Gurcharan Singh took Harjit Singh to Daya Nand Medical College for treatment. Manjinder Singh reported the matter to the police, his statement was recorded by SI Balbir Singh (PW-13) on the basis of which F.I.R. was registered at Police Station Sadar, Ludhiana at 11.00 a.m. Special Report of the F.I.R. was received by the Judicial Magistrate Ist Class, Ludhiana at 12-20 p.m. S.I. Balbir Singh (PW-13) alongwith another police official reached the spot in the village Dad where Gurminder Singh's dead body was lying. Investigating Officer prepared site plan and then proceeded to the spot to prepare inquest report in the presence of the witnesses. Blood stained earth was also picked up from the spot. 4 empty cartridges (Ex.P-30 to Ex. P-33) were lying at the spot which were taken into possession. The dead body was set for post mortem examination to Civil Hospital, Ludhiana where post mortem was conducted by Dr. Gurcharan Singh (PW-2) and Dr. Anil Verma at 4-30 p.m. on April 22, 1999.

(3.) The Medical Officer found the following injuries:-