MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We will be deciding Criminal Appeal Nos.601-DB of 2004, 611-DB of 2004 and 795-DB of 2004, as they arise out of the same judgment/order.

(2.) Learned Sessions Judge, Sangrur vide judgment/order dated 20.5.2004/22.5.2004 convicted Mohinder Singh, Nachhatar Singh son of Bachan Singh, Jaspal Singh son of Joginder Singh, Sukhpal Singh son of Joginder Singh, Baldev Singh son of Malhan Singh and Nachhatar Singh son of Mal Singh under Sections 302, 323, 427, 148 and 120-B IPC and sentenced them to undergo various terms. They were directed to pay a fine of Rs.2000/- each, in default to undergo further RI for one year. Mohinder Singh was further convicted under Section 27 of the Arms Act and sentenced to undergo RI for one year and to pay a fine of Rs.2000/-, in default to undergo further RI for six months.

(3.) The case of the prosecution is unfolded by the statement Ex.PW21/A given by Paramjit Singh to Inspector Harcharan Singh on 19.3.1999 at 10.15 P.M. at Dayanand Medical College and Hospital, Ludhiana (hereinafter called DMC Ludhiana). Paramjit Singh stated that he is an agriculturist by profession. About one year back, Major Singh son of Bachan Singh, Jat, resident of Issapur Landa was murdered for which he (Paramjit Singh), his father Jeon Singh and his brother Sukhwinder Singh were challaned. Paramjit Singh was bailed out after some time in that case, whereas Jeon Singh and Sukhwinder Singh were still confined in the Sangrur Jail. On 19.3.1999 Paramjit Singh along with his son Kulwinder Singh (aged about 6 years), his nephew Jagdev Singh (aged about 10 years), his relative Bikkar Singh son of Jora Singh and Mewa Singh son of Madho Singh were going to Sangrur Jail to visit his father and brother in a Maruti Car No.HR-06A-0970. After meeting his father and brother, all of them were coming back to their village Issapur Landa. At about 1.30 P.M. when they were about 1 kilometer ahead of village Ghanauri Kalan while Bikkar Singh was sitting by his side and Mewa Singh, Kulwinder Singh and Jagdev Singh were sitting on the rear seat, a truck bearing No.HNH 9775 driven by Sukhpal Singh was seen coming from the side of village Katron. On seeing their car, Sukhpal Singh hit the truck against their car on which the car dashed against a Kikkar tree and stopped. Mohinder Singh armed with a DBBL gun, Nachhattar Singh son of Bachan Singh armed with an iron rod, Jaspal Singh armed with an iron rod, Sukhpal Singh armed with an iron rod, Baldev Singh armed with an iron rod and two other unknown persons also armed with iron rods, who could not be recognized came out of the truck. Mohinder Singh raised a lalkara saying "let us take revenge for the murder of their brother Major Singh and also they should be taught a lesson for pursuing the case". Mohinder Singh and Sukhpal Singh took Paramjit Singh out of the car, while the other persons took out Bikkar Singh and Mewa Singh and dragged them to a wheat field nearby. Nachhattar Singh gave a blow of his iron rod to Bikkar Singh which hit on his face. Jaspal Singh gave a blow of his iron rod to Mewa Singh which hit on his head. Mohinder Singh also gave blows with the butt of his gun. Nachhattar Singh and Baldev Singh continued giving blows with their iron rods on the head and face of Bikkar Singh. Jaspal Singh and the other two unknown persons continued giving blows with their respective rods on the head and face of Mewa Singh. Sukhpal Singh with his iron rod hit Paramjit Singh on the forehead. Mohinder Singh gave a blow of the butt of his gun on the right side of the chest of Paramjit Singh. As Bikkar Singh, Mewa Singh and Paramjit Singh had fallen down, the appellants left them to be dead and Mohinder Singh said that now the children should also die. All of them then gave blows with their respective weapons to Kulwinder Singh and Jagdev Singh, who were sitting on the rear seat of the car. The car was then damaged by hitting the truck against it. In the meantime, Inderjit Singh, resident of Ghanauri Kalan came there. On seeing him, all the persons mentioned above ran away to the fields, leaving the truck at the place of occurrence. Inderjit Singh attended to them and found that Bikkar Singh and Mewa Singh had already died. He stopped a tempo and took them to Civil Hospital, Dhuri. The injured then were referred to Dayanand Medical College and Hospital, Ludhiana. On the basis of this statement, FIR Ex.PW21/C was registered in Police Station Sherpur on 20.3.1999 at 12.50 A.M. The special report reached JMIC Dhuri on 20.3.1999 at 5 A.M.