HARPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The applicant-Harpal Singh has filed the present application under section 378(4) of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C') seeking leave to appeal against the impugned judgment dated 15.03.2017 passed by learned Addl. Sessions Judge, Amritsar, for short 'Trial Court' acquitting present respondents No. 2 to 7 of the charges framed against them whereas Manpreet Singh co-accused was held guilty for committing the offence punishable under Section 302, 326 read with Section 34 of IPC, 324 read with Section 34 of IPC and section 25 of the Arms Act, accused-Gurpal Singh was convicted under Section 302 read with Section 34 of IPC, 326 of IPC and 324 read with Section 34 of IPC and accused-Sukhdeep Singh was convicted under Section 302 read with Section 34 of IPC, 326 read with Section 34 of IPC and 324 of IPC.

(2.) The prosecution story in brief is that on 05.07.2014 complainant-Harpal Singh got recorded his statement (Ex. PA) by alleging that on 04.07.2014 at about 9.15 p.m., Prabhdeep Singh alias Ricky son of Sahib Singh, who is his cousin brother was going in his Indica Car towards his fields and when he reached on Fatehgarh Churian Road near house of Sethi Bhupinder Singh, Gurpal Singh along with his brother Sukhdeep Singh, both sons of Nirvail Singh came on a bicycle and were going towards the village Chamiari. Then both of them intentionally brought their cycle in front of car of Prabhdeep Singh and thereafter starting abusing him. But he came back to village to save himself as both of them were having datars. On that moment, Gurpal Singh gave telephonic call to his companions who came there along with their weapons and then Karamjit Singh son of Buta Singh armed with revolver, Pargat Singh son of Buta Singh armed with .12 bore gun, Manpreet Singh son of Buta Singh armed with .315 bore gun, Gurpal Singh son of Nirvail Singh armed with datar, Sukhdeep Singh son of Nirvail Singh armed with datar, Baldev Singh who is nephew of Nirvail Singh with dang, Gurmej Singh alias Geja son of Karaj Singh armed with dang, Amarjit Singh son of Karaj Singh armed with baseball bat, Sulakhan Singh son of Naranjan Singh empty handed, all residents of village Chamiari came in the chowk of village Chamiari and raised lalkara. Simranjit Singh son of Davinder Singh and Prabhdeep Singh alias Ricky were standing in the chowk and the accused started abusing them. Upon hearing the noise, Harpal Singh along with his brother Karanjaspal Singh, Jagdeep Singh son of Gurjit Singh, Gurpreet Singh son of Baljit Singh, all empty handed came in the chowk and they tried to pacify the accused but the accused party started abusing them also. Accused Pargat Singh and Sulakhan Singh raised lalkara on seeing them that their real enemies have come and they would not be spared. Accused Pargat Singh fired at Harpal singh but he laid down on the ground. Karamjit Singh fired at Jagdeep Singh but he took shelter of wall and Manpreet Singh fired at Karanjaspal Singh from his .315 bore rifle, which hit in his chest due to which he fell down on the ground. Pargat Singh, Karamjit Singh and Manpreet Singh fired at Harpal Singh and Gurpeeet Singh with intention to kill them but they were not hit by those fires. Gurmej Singh, Baldev Singh and Amarjit Singh raised lalkara that they should not be spared. Then Gurpal Singh gave a blow of datar on the left wrist of Prabhdeep Singh alias Ricky and accused Sukhdeep Singh gave a blow of datar on the ankle of Simranjit Singh, due to which he fell down. Electric bulbs were glowing on the shops in the chowk at the place of occurrence and complainant raised hue and cry and all the accused ran away from the place of occurrence along with their weapons and the occurrence was witnessed by Jagdeep Singh and Gurpreet Singh. Thereafter vehicles were arranged and Karanjaspal Singh, Prabhdeep Singh alias Ricky and Simranjit Singh alias Lali were taken to Guru Nanak Dev Hospital, Amritsar for treatment, but the brother of the complainant namely Karanjaspal Singh was declared dead by the Doctor in the hospital and Prabhdeep Singh and Simranjit Singh were admitted for treatment. All the above mentioned accused have murdered his brother Karanjaspal Singh and injured the others.

(3.) The motive behind the occurrence is that the complainant party has supported one Santokh Singh in the elections of Panchayat of their village and their candidate lost to Pala Singh, who was supported by the party of Pargat Singh due to which the accused were having the grudge with them. Jagdeep Singh son of Balkar Singh and George Masih were left to take care of the dead body of his brother Karanjaspal Singh and he went to report the matter to the police. On the basis of the above statement an FIR No. 154 dated 05.07.2014 under Sections 302, 307, 326, 324, 323, 506, 201, 148, 149 IPC and sections 25 and 27 of the Arms Act was registered at P.S. Ajnala District Amritsar and after usual investigation, report under Section 173 Cr. P.C , 1973was submitted by the Police against Gurpal Singh, Gurmej Singh, Amarjit Singh, Sukhdeep Singh and Manpreet Singh but accused-Karamjit Singh, Pargat Singh, Baldev Singh and Sulakhan Singh (respondent No. 2, 3, 6 and 7) were found to be innocent by the Police. Thereafter, the case was committed to learned Sessions Court as offences under Sections 302 and 307 are exclusively triable by Sessions Court. During trial an application under Section 319 Cr. P.C., 1973 for summoning Karamjit Singh, Pargat Singh, Baldev Singh and Sulakhan Singh was allowed on 10.03.2015 to face trial along with other accused. Learned trial Court framed charges for the offences punishable under Sections 148, 302, 307, 326, 324 read with Sections 149 and 506 of IPC along with section 25 of Arms Act but all the accused pleaded not guilty and claimed trial.