SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Surjit Singh has filed the present appeal challenging the judgment and order of sentence dated 12.3.1997 passed by Shri L.R. Roozam, Additional Sessions Judge, Zira in case FIR No. 98 dated 11.7.1990, Police Station Zira under Sections 148/307/149 IPC, whereby he has been convicted under Section 307 IPC and has been ordered to undergo RI for 5 years and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo RI for 2 months.

(2.) AS per the prosecution case, on 22.6.1990, at about 12.30 P.M. Mukhtiar Singh complainant along with his elder brother Gurmej Singh and his younger brother Rajinder Singh was going on foot towards Bus Stand for boarding bus for going to Moga for purchasing fertilizer and when they reached near the bus stand situated on the way of Baba Jhugianwala, Jagmohan Singh alias Jagga son of Surat Singh, Surjit Singh son of Narain Singh, Balwinder Singh alias Nihang son of Amrik Singh, Binder Singh son of Niranjan Singh and Ginder Singh son of Niranjan Singh accused were seen coming on a tractor towards them on the metalled road. At that time, Jagmohan Singh accused was having a .12 bore DBBL gun in his hand and on seeing them, Jagmohan Singh accused fired from his DBBL gun towards them and pellets of the shot hit Mukhtiar Singh on the left side of his chest, on the left side of his abdomen and left wrist joint. Mukhtiar Singh, complainant further stated in his statement before the police that accused Surjit Singh then took the gun from Jagmohan Singh accused and fired a shot, pellets of which hit his brother Rajinder Singh on the left side of his chest, two pellets hit on the bicap of his left arm and then all the three brothers Mukhtiar Singh, Gurmej Singh and Rajinder Singh ran towards the house of their brother-in-law Jit Singh. However, all the five accused chased them on the tractor up to the house of their brother in law Jit Singh and there also they were raising lalkaras and kept on firing. Mukhtiar Singh complainant and his brothers went inside the house of Jit Singh and after some time all the five accused went away on their tractor along with the fire arms. Gurmej Singh PW5 took Mukhtiar Singh and Rajinder Singh injured to Civil Hospital, Zira, where they were medico legally examined by the doctor and were admitted. The motive behind the occurrence is stated to be that about three years ago prior to the present occurrence, Surat Singh father of accused Jagmohan Singh was murdered by the complainant party and in that case, Mukhtiar Singh complainant was convicted and sentenced and on the day of occurrence Mukhtiar Singh, complainant was on parol and in order to take revenge, all the accused gave injury on the person of Mukhtiar Singh and Rajinder Singh by fire arm with the intention to kill them.

(3.) ON 11.7.1990, ASI Ram Parkash went to the place of occurrence and inspected the spot at the instance of Rajinder Singh PW and prepared rough site plan Ex. PQ with correct marginal notes. ASI Ram Parkash searched for the accused and conducted raids at their houses and fields but they could not be traced out. On 18.7.1990, Gian Singh Sarpanch of village Daulawala produced all the five accused, namely Jagmohan Singh, Surjit Singh, Balwinder Singh, Binder Singh and Ginder Singh before ASI Ram Parkash in Police Post Fatehgarh Panjtoor along with one DBBL gun Ex.P1, six live cartridges Exs.P2 to P7 and tractor bearing No. PCQ 3054. The gun and cartridges were taken into possession by ASI Ram Parkash vide memo. Ex.PL attested by HC Kuldip Singh and Gian Singh Sarpanch while tractor and copy of Registration certificate Ex.P8 of the tractor were taken into possession vide memo. Ex.PM, which was also attested by H.C. Kuldip Singh and Gian Singh Sarpanch. On personal search of all the five accused nothing was recovered for which memo. Ex. PN was prepared which was attested by H.C. Kuldip Singh and Gian Singh Sarpanch. Scaled site plan Ex. PK was got prepared from Ravinder Singh Zirbi at the instance of Rajinder Singh PW. On return to the police station ASI Ram Parkash deposited the case property with the MHC and all the five accused were lodged in police lock up. After completion of the investigation, all the five accused were challaned by Inspector Surinder Singh, S.H.O. of Police Station, Zira.