SATWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Sessions Judge, ludhiana whereby he convicted appellant Satwant Singh son of harcharan Singh and Surinder Singh alias Shingara Singh son of darshan Singh under Section 302 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for life. A fine of rs. 2000/- each was imposed, in default to further undergo rigorous imprisonment for three months. Further they were convicted under sections 25 and 27 of the Indian Arms Act, 1959 and were sentenced to undergo rigorous imprisonment for three years and to pay a fine of rs. 1000/-each and in default thereof, to undergo rigorous imprisonment for two months.

(2.) THE prosecution case is unfolded by the statement Ex. PA of Kartar singh given to Joginder Singh SI/sho, Police Station Sadar Ludhiana at Phulanwal Chowk on 1-3-1998. Kartar Singh stated that he is a resident of village Dadd. He is working as an agriculturist and is also a property dealer. He has four sons. Elder was Dalwinder Singh alias jagga, who used to work with him. On 1-3-1998 at about 4. 30 p. m. complainant Kartar Singh and his younger son Jaswlnderpal Singh were sitting on the roof of their office on the Pakhowal road, Ludhlana. His elder son Dalwinder Singh alias Jagga and Munshi (Clerk) Avtar singh were sitting on chairs in the park. A Maruti car, white in colour came and stopped near their office. Gurmel Singh alias Billu and his younger brother Satwant Singh, armed with. 12 bore double barrel guns and his nephew Shingara Singh, armed with. 12 bore double barrel gun, got down from the car. Gurmel Singh alias Billu raised a lalkara, that he (Dalwinder Singh) should now get ready and today he is not going to be left alive, for causing injuries to them. Dalwinder singh got up from his chair and started running. Satwant Singh then fired a shot at Dalwinder Singh, which hit him on the back, below the shoulder blade on the right side. As a result of the gun shot injuries, dalwinder Singh fell down. While lying down, he raised his hands and pleaded that he should not be killed. Thereafter, Shingara Singh fired a shot with his. 12 bore double barrel gun, which hit Dalwinder Singh on his left little finger. In the meanwhile, Gurmel Singh alias Billu fired a shot from his double barrel gun, which hit Dalwinder Singh on the right side of his face. An alarm was raised by the complainant and jaswinderpal Singh. Appellants and accused Gurmel Singh alias Billu then fired shots towards them. Thereafter, they boarded the maruti car and fled away towards Pakhowal, along with their respective weapons. Dalwinder Singh died due to the fire arm injuries on the spot. The motive for the commission of the offence was that Gurmel singh alias Billu had contested for the post of Sarpanch, in the panchayat elections and had lost the elections to complainant Kartar singh. On 4-10-1997 accused Gurmel Singh alias Billu had sustained fire arm injuries. He suspected that the incident of firing on 4-10-1997 was done by the complainant. A case was registered against complainant Kartar Singh at Police Station Sarabha Nagar, Ludhlana, on the statement of accused Gurmel Singh alias Billu.

(3.) PROSECUTION to prove its case brought into the witness box complainant Kartar Singh as PW-1, Avtar Singh as PW-2, Harminder singh Draftsman as PW-3, H. C. Darshan Singh as PW-4, Gurpreet singh alias Pinkey as PW-5, Baldev Singh as PW-6, H. C. Manohar Lai as PW-7, C. Amarjit Singh as PW-8, C. Hardev Singh as PW-9, H. C. Baldev Singh as PW-10, C. Narinder Pal Singh as PW-11, Dr. Ashok raswant Singh as PW-12, Rajinder Sharma as PW-13, S. I. Joginder singh as PW-14, DSP Dilbagh Singh as PW-15, C. Gurdip Kumar as pw-16 and ASI Bant Singh as PW-17.