CHANAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 25.4.1997 passed by the Sessions Judge, Amritsar, whereby in case FIR No. 47 dated 10.6.1994 Under Section 302/34 IPC, Police Station Ajnala, District Amritsar, the accused -Appellant has been convicted under Section 302 read with Section 34 IPC, for having committed the murder of Inderjit Singh and Nishan Singh and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/ - and in default of payment of fine, to further undergo rigorous imprisonment for four months on each count. Both the sentences were, however, directed to run concurrently. In brief, the facts of the case are that on 10.6.1994 at about 5.30 P.M., Jaswant Singh, PW2, made statement, Exhibit PK, before the police that he was an Ex. Sarpanch of Gram Panchayat Gagomahal. His real brother, Nirmal Singh and accused Chanan Singh were doing service in B.S.F. in Mounted force and were close to each other. Balwinder Singh @ Binda and Pritam Singh @ Prita, sons of the accused, were already known to the complainant since they were engaged in gold smuggling and supplying fire arms to the terrorists, for which they used to be apprehended by the police off and on. Later, at some stage, both Balwinder Singh and Pritam Singh started smuggling by joining Nirmal Singh with them. Nirmal Singh then developed enmity with the sons of the accused in regard to smuggled goods. Prior to the present occurrence, the complainant stated before the police that Balwinder Singh and Pritam Singh, duly armed with fire arm weapons, came to kill the complainant and his family members, when the arms of the sons of the accused were caught by B.S.F. and a case was registered against them. The police had initiated proceedings under Section 107/151 Code of Criminal Procedure against said Balwinder Singh, Pritam Singh and Chanan Singh, accused, on one side and the complainant and his brother Inderjit Singh, deceased, on the other. Due to initiation of the said proceedings, licensed arms of both the parties were got deposited with the police. It is alleged by the complainant that on 10.6.1994 the afore -stated case of security proceedings was fixed in the court of Sub Divisional Magistrate, Ajnala, when both the parties appeared. Thereafter, Inderjit Singh deceased, brother of the complainant and Nishan Singh, Sarpanch, of Gram Panchayat Galib and his son Daljit Singh who had come with the complainant, started in jeep bearing registration No. PJX -6639 for going back to their house, which was being driven by Inderjit Singh while Nishan Singh Sarpanch was sitting with him on the front side. He (complainant) and Daljit Singh were sitting in the back portion of the jeep and the jeep was coming from Ajnala towards Gagomahal along the metalled road. When the complainant and others reached at a place half kilometer short of village Gujarpura, it was about 3.45 P.M. At that time, the complainant noticed that Pritam Singh, deceased, drove the jeep rashly and chased the jeep of the complainant. Balwinder Singh was sitting with Pritam Singh on the front side in the other jeep while accused Chanan Singh armed with a Kirpan was sitting in the back portion of the jeep. Pritam Singh over -took the jeep of Inderjit Singh, deceased, and raised Lalkara to his brother and father that the complainant and his companions should not be allowed to escape alive. When the jeep being driven by Pritam Singh came parallel to the jeep being driven by Inderjit Singh, Balwinder Singh fired from his country made pistol and the fire -shot hit Inderjit Singh and Nishan Singh, deceased. He and Daljit Singh jumped out from the jeep. Pritam Singh, deceased, son of the accused, took his jeep 100 yards ahead and then reversed it. Pritam Singh shouted that none of the complainant party should escape. Pritam Singh then got down from the jeep and fired from his pistol and the shots hit Inderjit Singh and Nishan Singh. Chanan Singh also got down from the jeep and gave Kirpan blows to Inderjit Singh after throwing him on the ground. The accused then searched for the complainant and Daljit Singh but they had concealed themselves in the background of the trees. After firing upon Inderjit Singh and Nishan Singh and causing Kirpan blows to them, the accused and his two sons ran away in the same jeep along with their respective weapons. Both Inderjit Singh and Nishan Singh died at the spot on account of the injuries sustained by them. The complainant after leaving Daljit Singh near the dead bodies, proceeded to lodge a report with the police, when the police met him in the area of village Jagdev Khurd where he made statement Exhibit PK before the police, which later was read over by SI Amrik Singh (PW5) to him(complainant) who signed the same in token of its correctness.

(2.) THE Investigating Officer made his endorsement, Exh.PK/1 on the statement Exhibit PK and sent the same to police station Ajnala for registration of the case against the accused. On the basis thereof, formal FIR Ex.PK/2 was recorded against the accused and his sons by MHC Gurnam Singh. SI Amrik Singh reached at the spot and prepared inquest reports Ex.PA/2 and Ex.PB/2 in respect of the dead bodies of Inderjit Singh and Nishan Singh respectively. He dispatched both the dead bodies for post -mortem examination through constables Satinder Singh and Rachhpal Singh along with his applications, Ex.PA/3 and Ex.PB/3. He also lifted six empties from the spot which were sealed after putting them in a box and then taken into possession vide recovery memo. Ex.PQ, attested by the witnesses. SI Amrik Singh also lifted blood -stained earth from the near the dead bodies of Nishan Singh and Inderjit Singh and after putting them in sealed parcels, took them into police possession vide recovery memo. Ex.PL and Ex.PN. Jeep bearing registration No. PJX -6639, and the registration certificate lying in the jeep were taken into possession vide recovery memo. Ex.PR . SI Amrik Singh prepared rough site plan Ex.PU of the place of occurrence with correct marginal notes in his hand. On return to the police station, the Investigating Officer deposited the case property with seals intact with MHC of PS Ajnala. On conducting the post -mortem examination, the clothes removed from both the dead bodies were sealed into a parcel and taken into police possession vide recovery memo Ex.PV, attested by the witnesses. The doctor had also handed over one bullet taken out from the dead -body of Inderjit Singh to the constables accompanying the dead -body which was also taken into police possession vide recovery memo. Exhibit PX.

(3.) THE prosecution, in support of its case, examined PW -1 Dr. Gurmanjit Rai, who stated that he conducted the post -mortem examination on the dead bodies of Inderjit Singh and Nishan Singh. He opined that the injuries were ante -mortem in nature and the death was due to fire -arm injuries. PW -2 Jaswant Singh, brother of the deceased Inderjit Singh, and PW -3 Daljit Singh, son of deceased Nishan Singh, have narrated the incident being the eye -witnesses. PW -4 Piara Singh, a retired Ahlmad from the court of SDM Ajnala, has proved the factum of both the parties having attended the court of SDM Ajnala in connection with proceedings under Section 107/151 Code of Criminal Procedure on the date of occurrence. SI Amrik Singh appeared as PW -5 being the Investigating Officer. PW -6, Inspector Rajinder Singh, deposed in regard to recovery of two pistols from near the dead -bodies of Inderjit Singh and Nishan Singh who were killed in an encounter on the night intervening 10/11th June, 1994 .