SARVINDER SINGH AND ANR. Vs. THE STATE

JUDGEMENT

(1.) SARVINDER Singh alias Chhinda, Baldev Singh and Balkar Singh were tried by the learned Sessions Judge, Faridkot for offences under Sections 302 and 307 read with Section 34, Indian Penal Code.

(2.) THE prosecution case briefly was that Sarvinder Singh alias Chhinda and Balkar Singh were licensees of the liquor shop at Daulat Pur Ucha from 1st April, 1974, and that Baldev Singh was assisting them in running the shop. On 9th April, 1974, Jit Singh (deceased) son of Kartar Singh (P.W. 6), went to the liquor shop at about 8 p.m. to purchase a bottle of liquor. His father P.W. 6 who was at home heard some loud noise from the direction of the liquor shop which was at a distance of about 190 to 200 yards from his house. He went towards the liquor shop. He found his son Jit Singh and two others Surjit Singh (P.W. 8) and Darshan Singh (P.W. 9) just outside the liquor shop. His son was saying that the accused were selling liquor alter mixing water with it. The three accused were present inside the liquor shop. Balkar Singh denied the accusation and used filthy language. There was an exchange of words between the deceased and the accused. At that time, Balkar Singh had a double - barreled gun with him. Chhinda had a single - barreled gun and Baldev Singh had a pistol. Surjit Singh and Darshan Singh asked the accused why they were abusing. Chhinda fired a shot with his gun and Darshan Singh was hit by the pellets. Baldev Singh fired a shot with his pistol and Surjit Singh was hit. Balkar Singh came out running from inside the shop and fired his double - barreled gun from a close range at Jit Singh who was hit on the left side of the abdomen. Jit Singh fell down at once. Surjit Singh and Darshan Singh ran away towards their houses. Kartar Singh P.W. 6 went near his son and sat by his side. Very soon afterwards one Santokh Singh came there and asked Jit Singh as to what had happened. Jit Singh told him, P.W. 6 also told him. Thereafter P.W. 6 and Santokh Singh took Jit Singh in a tractor - trailer to the civil hospital at Moga, at a distance of 14 or 15 miles from the village. He was admitted into the hospital. On the information sent by the medical officer, the Sub -Inspector of Police, P.W. 17 went to the hospital. Jit Singh was not in a position to make any statement. P.W. 17 recorded the complaint of P.W. 6 which he registered as the first in formation report. Jit Singh died in the hospital on 10th April, 1974, at about 5.40 a.m. The Sub -Inspector who had gone to the village in the meanwhile recorded the statements of Surjit Singh and Darshan Singh and sent them to the hospital for medical examination. Thereafter, he held inquest and sent the dead body for post mortem examination. He searched for the accused, but they were not available in the village. Baldev Singh and Chhinda were arrested on 19th April, 1974, and a pistol and single barreled gun were recovered from their possession. Balkar Singh was arrested on 25th April, 1974 and a double barreled gun was recovered from him.

(3.) THE learned Sessions Judge rejected the evidence of the Sub -Inspector of Police and other witnesses in regard to the dates of arrest of the accused and the recoveries said to have been made from them. However, he accepted the evidence of the three eyewitnesses, Kartar Singh, Surjit Singh and Darshan Singh. He found that the three accused did not share any common intention and that each was liable for his own act. He convicted Balkar Singh under Section 302 and sentenced him to suffer imprisonment for life. He convicted Sarvinder Singh and Baldev Singh under Section 307, Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for a period of five years. Sarvinder Singh and Balkar Singh have preferred Criminal Appeal No. 44 of 1975 and Baldev Singh had preferred Criminal Appeal No. 92 of 1975. Kartar Singh (P.W. 6) has filed Criminal Revision No. 207 of 1975.