ANGREZ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR the murder of Surinder Kumar deceased, the aforementioned six appellants were brought to trial in the Court of Session at Faridkot. They stand convicted under Sections 147, 148 and 302 read with Section 149, Indian Penal Code and have been sentenced to various terms of imprisonment and fine with the direction that the substantive sentence so awarded to them shall run concurrently. They have challenged their convictions and sentences by filing Criminal Appeal No. 520-DB of 1985.

(2.) THE prosecution case is in a very narrow compass. It is alleged that on 16th December, 1983, at about 4.45 p.m., all the six accused namely Angrez Singh, Sukhdev Singh, Jagtar Singh and Nirmal Singh and Jagsir Singh came in a car to the premises of M/s. Goel Oil, Moga. They got 15 litres of petrol and handed over the currency note of Rs. 100/- to Binda Charan PW, who further handed over the said amount of Surinder Kumar deceased, who was then sitting in the cabin. Surinder Kumar returned Rs. 10/- to the said PW for delivery to the accused. The accused again gave Rs. 12/- to Binda Charan to supply them mobile oil Binda Charan brought a tin of mobil oil from the cabin and went to the accused to deliver it. In the meantime, Surinder Kumar deceased also came out from the cabin and then Sukhdev Singh accused proclaimed that 'Bhaj La Lala Kithe Jana Hai'. Then Joginder Singh accused took out a rifle from the car and fired at Surinder Kumar who received bullet injury on the left side of his flank and fell down with his face downward. Because of profuse bleeding, Surinder Kumar succumbed to his injuries at the spot. Sham Sunder PW who was also present there, ran towards the wall and fell down as a result of which his right foot was injured. Then all the accused sped away in their car towards Moga side. Sham Sunder went to Moga in a truck and brought Mohan Lal, Madan Lal and Tirath Parkash to the spot. Thereafter, Binda Charan along with Mohan Lal went to the Police Station Moga and lodged the F.I.R. Ex.PA which was recorded by Sub Inspector Harbhaj Ram. The Sub Inspector reached the spot and prepared its visual plan Ex.PQ and also recovered one empty cartridge and a live cartridge from the spot. On 17th December, 1983, Gurmail Singh Sarpanch of village Jhandewala met the Sub Inspector and told him that he had seen Car No. PUU 56757 driven by Angrez Singh accused and it was parked in a Khola near the house of one Bakhtawar Singh. The car along with its documents was taken into possession by the police in the presence of Bakhtawar Singh and Gurmail Singh PW. Angrez Singh was arrested on 4th February, 1984 and the remaining five accused had absconded.

(3.) AFTER necessary investigation, Angrez Singh accused was challaned and committed and after about 7/8 months of the occurrence, the remaining accused were also arrested, challaned and committed to the Court of Session for trial.