POKHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant Pokhar Singh was charged and tried for the offence punishable under Section 302 Indian Penal Code, for having committed the murder of Surjit Singh Constable No. 362. He was convicted under Section 302, Indian Penal Code, and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-; in default whereof, he was ordered to undergo further Rigorous Imprisonment for three months.

(2.) Brief facts of the prosecution case are that on January 5, 1993, a police party of Police Post Mothanwala, headed by Assistant Sub Inspector Paramjit Singh (PW-5) and other police officials including Pokhar Singh accused and Surjit Singh (deceased) was going for patrol duty from village Mothanwali towards village Bhaur Sainchan. At about 7.30 p.m. when the police party reached little ahead of Village Bhaur Sainchan Surjit Singh (deceased) and Pokhar Singh accused started exchanging hot words. Assistant Sub Inspector Paramjit Singh (PW-5) tried to restrain them from so doing. In the meanwhile, Pokhar Singh accused fired from his rifle and the rifle shot hit on the right side of his jaw and passed through the left side of the neck of Constable Surjit Singh who died at the spot and the accused fled away along with the rifle. Assistant Sub Inspector Paramjit Singh (PW-5) sent ruqa Exhibit PF to Police Station Sultanpur Lodhi, on the basis of which formal First Information Report Exhibit PF/1 was recorded by Sub Inspector Gurmail Singh. He sent the Special Report through Constable Parminder Singh to Sub-Divisional Judicial Magistrate, Sultanpur Lodhi, which was received by him on January 5, 1993 at 10.45 a.m. Assistant Sub Inspector Paramjit Singh (PW-5) prepared the Inquest Report Exhibit PC in respect of the dead body of Surjit Singh. He also lifted one empty from near the dead body of Surjit Singh (deceased) which was turned into a sealed parcel with seal 'PS' and was taken into possession vide Memo Exhibit PG. He also lifted blood-stained earth from the place of occurrence, turned the same into sealed parcel with seal 'PS' and was taken into possession vide Memo Exhibit PH. He also prepared Rough Site Plan Exhibit PK of the place of occurrence with its correct marginal notes. He sent the dead body with request PB to Civil Hospital, Sultanpur Lodhi, for post-mortem examination. He recorded the statement of witnesses. He returned to the police station and the case property with seals intact was deposited with the Moharrir Head Constable. Accused was arrested by Sub Inspector Bakhshish Singh (PW-6) on January 11, 1993. He was interrogated and in pursuance of disclosure statement Exhibit PL suffered by him during interrogation, he got recovered rifle bearing Butt No. 247, Body No. N 3731 along with bandolier containing 49 live cartridges of 7.62 bore, 10 chargers and magazine. The rifle was turned into a scaled parcel with seal "B.S". Ammunition was also turned into a sealed parcel and these were taken into possession vide Memo Exhibit PM. He recorded the statements of the witnesses and on return to the Police Station, he deposited the case property with the Moharrir Head Constable with seals intact. After competition of usual investigation, charge-sheet was laid against Pokhar Singh accused.

(3.) In support of its case, prosecution examined PW-1 Dr. Harjit Singh, PW-2 Satish Pal Revenue Patwari. He proved the sealed Site Plan Exhibit PD. PW-3 Head Constable Harbhajan Singh tendered his affidavit Exhibit PE into evidence. PW-4 Surjit Singh Constable No. 682 is the eye-witness of the occurrence. PW-5 is Assistant Sub Inspector Paramjit Singh. He was heading the patrol party in whose presence the occurrence took place and he partly investigated the case. PW-6 is Sub Inspector Bakhshish Singh. He also partly investigated the case. PW-1 Dr. Harjit Singh on January 6, 1993 at 9.45 a.m. conducted the autopsy on the dead body of Surjit Singh Constable No. 862 and found the following injuries on the same;