AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ajmer Singh, an accused in F.I.R. No. 110 dated 25.9.1999 for offences under Sections 302/307/326/34 of the Indian Penal code registered with Police station Ghoman was tried by Additional Sessions Judge,Gurdaspur and vide judgment dated 5.11.2003 convicted and sentenced as follows :-

(2.) Both the sentences were ordered to run concurrently.

(3.) Briefly stated facts of the case as per the prosecution version are that on the fateful day that is on 25.9.1999, a fair had been organized on the bridge of a canal on account of Puranmasi (full moon day) and community kitchen (Langer) was being organized. A large number of people had gathered there. Dilbagh Singh had gone to Gurudwara to pay obeisance near the place of community kitchen. Paramjit Singh, a younger brother of Dilbagh Singh, Gurinder Singh son of Baldev Singh, nephew of Dilbagh Singh and accused Ajmer Singh were watching the fare while standing on the bridge of canal. After paying obeisance at the Gurudwara, Dilbagh Singh was coming out of it and the time was about 5.00 P.M.. Dilbagh Singh observed commotion and he saw Ajmer Singh giving a knife blow to Bhupinder Singh on the left side of his chest and when Paramjit Singh tried to intervene, Ajmer Singh gave a knife blow to Paramjit Singh hitting him on chest under nipple. Dilbagh Singh did not intervene out of fear but he raised alarm . Then Ajmer Singh-accused assailant ran away. In that process he had caused knife injury to a young boy. After receipt of injury at the hands of accused-assailant Ajmer Singh, Paramjit Singh had fallen on the ground. Dilbagh Singh tried to lift him but Paramjit Singh succumbed to the injury at the spot itself. Bhupinder Singh, injured was taken to Civil Hospital, Batala for treatment by Sh. Kashmir Singh Lamberdar in a car, where he was treated and medico legally examined. The motive for the incident as suggested by the prosecution is that father of accused Ajmer Singh namely Mangal Singh was a terrorist and that Ajmer Singh and family members were nursing grudge against family of Dilbagh Singh. F.I.R. in this case was registered on the basis of statement made by PW Dilbagh Singh before ASI Kashmir Singh, S.H.O P.S. Ghoman on 25.9.1999 at 6.10 P.M.. After registration of F.I.R. the case was investigated. The investigating officer went to the spot and prepared rough site plan of place of incident. Inquest proceedings as regards unnatural death of Paramjit Singh were carried out and a report was prepared. Post mortem examination on dead body of Paramjit Singh was got done. The belongings of deceased were taken into possession. Injury on the person of Gurpinder Singh was declared to be dangerous to life. Blood stained clothes of Gurpinder Singh were taken into possession by the investigating officer. The investigating officer had lifted blood stained earth therefrom preparing a parcel thereof, which was then taken into police possession. A sample of the normal earth was taken from the place nearby which was also converted into a sealed parcel. Accused Ajmer Singh was arrested in this case. He was interrogated in police custody on 6.10.1999 and during the course of it, he disclosed that he had kept concealed a knife on the bank of canal minor buried under the earth covered by Sarkanda near Popular trees, about which only he knew and could get the same recovered after pointing out the place. Said disclosure statement of accused Ajmer Singh was reduced into writing and it was signed by him and attested by witnesses thereof. After that accused Ajmer Singh while in police custody got the knife recovered from the disclosed place. The investigating officer prepared rough sketch of the knife and then it was taken into possession vide recovery memo Ex. PG/2.