JUGRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story in brief is that on 23-10-1989, complainant Mardip Singh along with his nephews Gurtej Singh, Sodagar Singh and Sarabjit Singh had gone to work in their filed known as Bangwala Field. Sodagar Singh and Gurtej Singh were levelling the land with the tractor while Hardip Singh and Sarabjit Singh were working with Kahis. At about 5 p.m., when they were about to return to return to their houses and the tractor was standing in the field, the accused Jugraj Singh armed with D.B.B.L. gun, Narinder Singh alias Naginder Singh armed with D.B.B.L., gun and Avtar Singh alias Kalia accused armed with a Gandasa came out from the field adjoining on the north side. Jugraj Singh accused raised a Lalkara that sons of Jagdip Singh should not go alive. Jugraj Singh fired a shot from his D.B.B.L. gun hitting Gurtej Singh on his head. Narinder Singh fired a shot from his D.B.B.L. gun hitting Sodagar Singh on the head near the left eye. Gurtej Singh and Sodagar Singh fell on the ground. When they were lying on the ground, Jugraj Singh and Narinder Singh fired another shot each from their guns at Gurtej Singh and Sodagar Singh. Avtar Singh then gave a gandasa blow to Gurtej Singh aiming at the head but the reverse gandas blow fell on the neck of Gurtej Singh who was writhing with pain. Hardip Singh and Sarabjit Singh raised roula 'Na Maro, Na Maro'. The Jugraj Singh and Narinder Singh fired shots at Hardip Singh and Sarabjit Singh. Hardip Singh and Sarabjit Singh ran away leaving kahis at the spot, and while running away, they heard the reports of two each more fire-shots. On reaching the village, complainant Hardip Singh narrated the occurrence to the women folk and also to his uncle Amar Singh. Hardip Singh and Singh then reached the police station Raman where he lodged the F.I.R. Ex. PJ. The same was read over to him and he signed it in token of its correctness. Complainant Hardip Singh along A.S.I. Jagir Singh and other police officials, then reached the spot. The spot inspection was made in his presence in the morning on the next day. Inquest reports Ex. PD and Ex. PG were prepared and the same were signed by Hardip Singh. The dead-bodies were sent to the Civil Hospital, Bhatinda along with H. C. Sukhdev Singh and one constable for post-mortem examination.

(2.) Thereafter A.S.I. Jagir singh inspected the spot in the presence of Sarabjit Singh. Blood-stained earth was lifted from two places and two separate sealed parcels were prepared and were taken into possession vide memo Ex. PL. He lifted the turban of Gurtej Singh which had corresponding holes of the pellets which was sealed into a packer and taken into possession vide memo Ex. PM. Thereafter the said A.S.I., picked up a pair of shoes of Gurtej Singh and also lifted parna lying near the dead body of Sodagar Singh which was sealed into a parcel and taken into Possession vide memo Ex. PP. Thereafter he picked up two kahis which were taken into possession vide memo Ex. PQ, after sealing the same into a parcel. The A.S.I. then removed the rear tyre and tube of the tracter and took the same into possession vide memo Ex PP. The A.S.I. took some pallets from the place of occurrence. All these articles were taken into possession vide memo Ex. PP. The A.S.I. also lifted some wads and pallets and pieces of turban vide memo Ex. PF. A.S.I., Jagir Singh then prepared the rough site plan Ex. PS. with correct marginal notes and also recorded the statements of the witnesses. Thereafter he came to the village where D.S.P. and S.H.O. has already arrived, and these officers verified the investigation after visiting the spot. Head Constable produced before him the clothes of the deceased in the village which were taken into possession vide memo Ex. PT. On reaching the police station, the A.S.I. deposited the case property with the M.H.C. with seals intact. He continued the search for the accused but they were not traceable. On 25-10-1989, all the three accused were arrested from outside the Court premises, Bhatinda. One D.B.B.L. gun Ex. P. 11 was got recovered from Narinder Singh accused which was taken into possession vide Ex. PU. after sealing the same into a parcel.

(3.) On interrogation, Jugraj Singh accused made a disclosure statement regarding possession of the gun and the cartridges and then he got recovered the gun and the field. The disclosure statement mode by Jugraj Singh is Ex. PV. Recovery memo is Ex. PV/1 and the gun is Ex. P. 12. A.S.I. Jagir Singh also interrogated Avtar Singh who mode a disclosure statement that he had kept concealed the gandasa under the heap of cotton sticks in his field in village Kamlu which he could get recovered. His disclosure statement Ex. PW. was recorded and in pursuance thereof, he got recovered the gandasa Ex. P. 13 and the same was taken into possession vide memo Ex. PW/1. The A.S.I. then recorded the statements of the prosecution witnesses. The case property was deposited by him with seals intact with the M.H.C. Separate cases under the Arms Act were registered against the accused Jugraj Singh and Avtar Singh.