PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS murder reference and the criminal appeal arise out of the following facts as narrated by Swaran Kaur PW5.

(2.) SWARAN Kaur aforesaid had four sons namely, Jasbir Singh, Jagir Singh, Sukhdev Singh and Angrej Singh. The marriage of Angrej Singh was being soleminsed on 21st November, 1991 in the house of the complainant in village Baserke Bhaini and the marriage party was to go to village Harsha Chhina on the next day. On 21st November, 1991, at about 9 p.m. the family members of Swaran Kaur had assembled in her house and while some of the guests had already had their dinner, the close relatives were still waiting for their turn. As it was a festive occasion, a shamiana had been erected alongwith electric fittings. Five armed persons came there and out of them three scaled over the wall of the kotha (room) and came inside while the two other persons remained standing at the main gate. Out of the three who had come inside. Piara Singh accused was armed with a double barrel gun, Sarabjit Singh was armed with a service rifle and Gurdev Singh (now declared a proclaimed offender) armed with a self-loading rifle entered the court-yard whereas Jaswinder Singh and Satnam Singh (who has also been declared a proclaimed offender) carrying fire-arms remained standing at the gate. All the five persons then started firing with their respective weapons and this firing continued for about 10-15 minutes. The complainant Swaran Kaur and her son Angrej Singh PW6 managed to save themselves by hiding behind a heap of fire- wood. After the accuse went away, these two witnesses came out into the courtyard and found the dead bodies of 1. Mohinder Singh son of Makhan Singh, 2. Jasbir Singh son of Mohinder Singh, 3. Gurvail Singh son of Bir Singh, 4. Harjit Kaur d/o Jasbir Singh, 5. Bikramjit Singh son of Jagir Singh, 6. Swinder Kaur wife of Buta Singh, 7. Palwinder Kaur d/o Buta Singh, 8. Inder Singh son of Bhag Singh, 9. Sarabjit Kaur d/o Inder Singh, 10. Sarup Singh son of Bhan Singh, 11. Santokh Singh son of Pritam Singh, 12. Bhajan Kaur wife of Gian Singh and 13. Sarabjit Kaur wife of Kabal Singh while eight persons were found to be injured namely, 1. Sardul Singh son of Sarup Singh, 2. Hardip Kaur d/o Inder Singh, 3. Kanwaljit Kaur d/o Jasbir Singh, 4. Baldev Singh son of Jagir Singh PW8, 5. Gurdev Kaur d/o Buta Singh, 6. Harjit Kaur d/o Buta Singh, 7. Kashmir Kaur w/o Lakha Singh and 8. Kashmir Kaur wife of Jagir Singh PW7. Amongst the dead were the husband of Swaran Kaur Mohinder Singh and her son Jasbir Singh and other relatives.

(3.) THE prosecution in support of its case relied on the evidence of PW1 Ashok Chanana, Assistant Professor of the Medical College, Amritsar, who had conducted the postmortem examination on the dead bodies of Bikramjit Singh, a child of seven years and had found four injuries on his person; that of Inder Singh aged 40 years and had found three injuries on his person; Bhajan Kaur aged 60 years and had found five injuries on her person and Gurvail Singh aged 16 years and had found six injuries on his person. The doctor also opined that the injuries had been caused by rifle fire and that some were the wounds of entry and others of exit. The prosecution also produced in evidence PW2 Dr. Gurmanjit Rai, Lecturer, Forensic Medicine, Medical College, Amritsar, who had conducted the postmortem examination on the dead bodies of Harjit Kaur, Palwinder Kaur aged 15 years, Sarup Singh aged 30/32 years, Gurpal Singh and Sher Singh and had found 2,4,8,4 and 6 injuries respectively on their persons, all having been caused by bullets - some being the wounds of entry and the others of exit. In addition, the prosecution also produced in evidence PW3 Dr. Nirmal Dass who had conducted the postmortem on the dead bodies of Mohinder Singh and had found four injuries on his person, Swinder Kaur aged 35 years with four injuries on her person; Sukhdev Singh aged 18/19 years with four injuries on his person; Sarabjit Kaur aged 15 years with two injuries on her person and opined that the same could have been caused by firing from a rifle. The prosecution also relied on the evidence of PW4 Dr. R.K. Goria, Assistant Professor, Forensic Medicine, Medical College, Amritsar who had conducted the postmortem examination on the dead body of Sarabjit Kaur wife of Kabul Singh aged 30 years and had found two injuries on her person; on the dead body of Inder Singh and had found two injuries on his person; Santokh Singh aged 22/23 years with eight injuries on his person; and Jasbir Singh with four injuries on his person. This doctor also deposed that all the injuries had been caused by rifle shots. Dr. Amrik Singh Randhawa was produced as PW 14 who deposed to the injures suffered by Baldev Singh son of Ajit Singh and stated that he had admitted him to the hospital in the Surgical Ward on 21st November, 1991, with gun shot wounds. The prosecution also placed reliance on the evidence of Swaran Kaur PW5 who deposed in the manner as already indicated above; Angrej Singh PW6 whose marriage had been arranged for 22nd November, 1991 who corroborated the evidence given by his mother; Kashmir Kaur PW7 daughter-in-law of Swaran Kaur and the wife of her son Jagir Singh also an injured witness; PW8 Baldev Singh son of Jagir Singh also an injured witness; PW9 Sarabjit Singh who deposed to the killing of his father Gurpal Singh and brother Sukhdev Singh by the accused in his house at 9.15 p.m. on 21st November, 1991 some distance away from Swaran Kaur's house after the earlier incident; ASI Ashok Kumar appeared as PW12 and he deposed that on 21st November, 1991 he had been posted at Police Station, Chheharta and he was in the police party of Inspector Balbir Singh when the Inspector had received some wireless message about the firing in village Baserke Bhaini on which they had gone in that direction and apprehended two of the accused along the way. This witness further deposed that he had taken 13 of the dead bodies for the purpose of postmortem examination and it was on 27th November, 1991 that he along with ASI Swinder Singh had arrested Jaswinder Singh accused from his house and that on a disclosure statement made by him, a rifle and some ammunition had been recovered. ASI Sawinder Singh was produced as PW13 and he corroborated the version given by the earlier witness and narrated the sequence of events leading to the arrest of Piara Singh and Sarabjit Singh accused. Inspector Balbir Singh was produced as PW15 and he corroborated the version given earlier and further stated that at the time of his apprehension, Piara Singh accused was carrying a double barrel gun Exhibit P2 whereas Sarabjit Singh accused was carrying a. 303 rifle Exhibit P.15 and that these two weapons had been taken into possession by the police party. This witness further stated that from the place of incident he had recovered nine fired cartridge cases of a. 303 rifle, six of a self-loading rifle and four of a .12 bore gun and these too had been taken into possession. In cross-examination, this witness further deposed that the second name of Sarabjit Singh accused was, in fact, Satnam Singh and that he was the son of Hazara Singh but he had been identified as the son of Piara Singh accused as he had been adopted by him. The prosecution also produced ASI Mukhtiar Singh as PW16 and this witness also deposed to the manner of arrest of Piara Singh and Sarabjit Singh accused and also stated that the latter was the adopted son of Piara Singh and was also known as Satnam Singh. Some other witnesses were produced but as their evidence was of a formal nature it does not require elaboration.