SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence dated 8.10.2002 passed by the Sessions Judge, Ferozepur vide which appellant-Surjit Singh was ordered to undergo sentence of life imprisonment and to pay a fine of Rs. 2,000/- under Section 302 of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for a period of three months. Appellant-Amar Singh was convicted under Section 307 of the Indian Penal Code and was ordered to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for a period of two months. The facts relating to this appeal are as under :-

(2.) ON 5.9.1999, PW-7, Addl. SHO at Police Station, Makhu received a Questy from SHO, Police Station Zira regarding the death of Daler Singh by fire arms. After taking Tarlok Singh and other police officials, he reached the Civil Hospital, Zira where Lakhwinder Singh made a statement before him wherein he stated that he is a resident of Village Sadrawal. They are two brothers. Younger to him is Daler Singh and both of them were living in front of the house of Surjit Singh, Ex Sarpanch son of Amar Singh Jat. There is a street intervening the house. Surjit Singh-accused was member of the party of Jathedar-Inderjit Singh Zira and later they joined the party of Hari Singh Zira and used to tell the complainant to vote for Jora Singh Mann. It was a polling day. They were returning from the polling side after casting their votes in Village Marhana. It was at 8.30 p.m. The complainant along with his brother Daler Singh was present in their house when Surjit Singh-accused started abusing at the high pitch. He along with his brother Daler Singh went to the top of their Kotha and saw in the electric light that Amar Singh son of Sohan Singh and Surjit Singh were standing in the courtyard. Surjit Singh had a .12 bore gun in his hand whereas Amar Singh had a pistol in his hand. The complainant asked him as to why he was abusing them, upon which Surjit Singh stated that they had not cast votes in favour of Jora Singh Mann and they continued to abuse them. The complainant asked that he would see him how he abused them and he would give them proper reply upon which Surjit Singh and his father Amar Singh came with their respective weapons towards them and fired. Daler Singh, who was in front of the complainant suffered gun shot on his face, cheeks and chest. He (complainant) raised raula 'Mar Dita Mar Dita' which attracted Mukhtiar Singh son of Darshan Singh, who was living in the neighbourhood and reached at the house of the complainant. Both Mukhtiar Singh and Lakhwinder Singh got down Daler Singh from the Kotha and after arranging a vehicle, the complainant along with Darshan Singh son of Surain Singh took Daler Singh to Civil Hospital, Zira where the doctor declared him dead. The motive for committing the crime was that the complainant party had not cast the vote in favour of Jora Singh Mann. The said statement was read over to the complainant on the basis of which the present FIR was registered against the accused. After collecting the cartridges of .12 bore gun from the house of the accused in the courtyard and preparing the rough site plan of the place of occurrence as pointed out by Lakhwinder Singh and doing other formalities, the dead body was sent for post-mortem examination and according to the statement of eye witness, the doctors and others, challan was filed in the Court of the Sub-Divisional Magistrate, Zira, District Ferozepur. It is pertinent to mention here that Amar Singh-accused, who is father of Surjit Singh was placed under Khana No. 2, recorded under Section 173 of the Code of Criminal Procedure but later on, an application filed under Section 319 of the Code of Criminal Procedure. Amar Singh was also summoned to face trial under Section 307 read with Section 34 of the Indian Penal Code. On appearance, both the accused were charged under Sections 302/307 read with 34 of the Indian Penal Code to which they pleaded not guilty and claimed trial.

(3.) AFTER the case of the prosecution was closed, the entire incriminating evidence appearing in the prosecution version was put to accused in the form of statements under Section 313 of the Code of Criminal Procedure to which they denied and pleaded innocent. Accused-Surjit Singh, however, stated that on the date of occurrence, the votes were cast for members of Parliament and almost everyone in the village was in drunken condition. Daler Singh threw brickbats from the roof top into his house. Mohinder Singh also fired from the roof top and a case under Section 336 of the Indian Penal Code had been registered against him. There was also firing in the village at night. Daler Singh might have died due to shot fired by Mohinder Singh and he has been falsely implicated in this case because of enmity with him in the village being Sarpanch and he has been falsely implicated on suspicion. However, accused-Amar Singh stated that he had been found innocent by police during investigation and the witnesses have deposed falsely against him. The accused in defence examined Narinderpal Singh-DSP as DW-1, who conducted an inquiry in the case as S.P. (Headquarters) and after recording the statements of various persons, found Amar Singh as innocent and case was registered against Surjit Singh as doubtful. Karak Singh-DW2 proved the defence that he did not know Surjit Singh and had also not produced him before the police in this case. After going through the evidence of prosecution, accused-Surjit Singh was convicted under Section 302 of the Indian Penal Code whereas accused-Amar Singh was convicted under Section 307 of the Indian Penal Code.