SAMPURAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) TO protest against the incidents of violence in the State of Punjab a procession consisting of about 1500 people was taken out on February 20, 1984 in the city of Jind. According to prosecution when the procession reached near Gurdwara Guru Teg Bahadur in the vicinity of Rani Talab, three or four gun shots were fired from the Gurdwara by some persons on account on which about 25 persons were injured including Dharam Pal (PW 14) and Ved Parkash deceased. All the injured persons were taken to the Civil Hospital, Jind, where Ved Parkash succumbed to the injuries on February 21, 1984 at 3.30 a.m. On receipt of information from the Civil Hospital, A.S.I. Inder Singh (PW 39) went there and recorded the statement of Dharam Paul (PW 14), on the basis of which a formal First Information Report of the incident was recorded at Police Station City, Jind. Sampuran Singh and Jangir Singh accused were arrested by Inspector Santokh Singh (PW 34) on February 25, 1984 and from their possession licenced guns were recovered.

(2.) BESIDES Dharam Pal son of Pritam Singh (PW 14), Bijender Singh (PW 13), Suraj Bhan (PW 15), Khazanchi (PW 16), Dharam Paul son of Manphool Singh (PW 17), Bhim Singh son of Pirthi Singh (PW18), Krishan (PW19), Ram Kumar (PW 20), Om Parkash son of Chandu Ram (PW 21), Gopal (PW 22), Lal Singh (PW 23), Joginder Kumar (PW 24), Om Parkash son of Lal Chand (PW 25), Sham Lal (PW 26), Radhe Shyam (PW 27), Manphool (PW 28), Anand Paul (PW 29), Bhim Singh son of Hari Chand (PW 30), Jai Pal (PW 31), Virender Kumar (PW 32), Hem Raj (PW 36) and Surinder (PW 38), were also medically examined in the Civil Hospital, Jind by Dr. Vinod Kumar (PW 1) and gun shot pellot injuries were found on all there persons.

(3.) TO prove that the gun shots were fired at the procession by the accused Sampuran Singh and Jangir Singh, the procession examined the aforesaid injured persons. This allegation was refuted by the accused in their statements under section 313, Code of Criminal Procedure. The trial Court doubted the participation in occurrence of Jangir Singh accused and acquitted him. However, Sampuran Singh accused was convicted under section 302, Indian Penal Code, and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-. He was further convicted under section 307 of the Code and a sentence of five yeas's rigorous imprisonment was imposed upon him. Both the sentences were ordered to run concurrently.