JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGTAR Singh and Harpal Singh appellants stand convicted under Section 302 read with Section 34, Indian Penal Code for committing the murder of Sukhdev Singh deceased and have been sentenced to life imprisonment and a fine of Rs. 2,000/- or in default to undergo further rigorous imprisonment for one year each. Each of them is further convicted and sentenced to rigorous imprisonment for one year under Section 27 of the Arms Act. Surjit Singh and Gurdev Singh were also brought to trial on the charge of conspiracy to commit the murder abovesaid but they stand acquitted by the trial Court.

(2.) ABOUT two years prior to the present occurrence, Sukhdev Singh deceased from village Maur Khurd and his co-villagers named Nathu Singh and Modan Singh were fired at by Jagrup Singh father of Jagtar Singh and Harpal Singh accused, Jagtar Singh, Surjit Singh and Two others and in that case, the F.1 R was lodged by Sukhdev Singh deceased. A month or so prior to the present occurrence, the aforesaid accused mere convicted and sentenced in that case Under Section 307, Indian Penal Code by the Additional Sessions Judge, Bhatinda. On 11th December, 1981 i.e. about 13 days before the present occurrence Karnail Singh father of Sukhdev Singh deceased and Gurtej Singh PW were attacked was kirpans in the Court complex at Bhatinda about which F.I.R., certified copy of which is EX. PH, was got registered by Gurtej Singh on the same day at the Police Statement Cantt. Bhatinda. That case in which Jagrup Singh father of Jagtar Singh and Harpal Singh accused in this case and three others were named as the assailants, was pending investigation during the days of this occurrence. The said Karnail Singh, after he was injured in the said attack on 11th December, 1981, was got admitted in the Civil Hospital, Bhatinda and he was under treatment in that hospital on the day the present occurrence took place. These incidents are stated to be the impelling motive for the accused to commit the crime.

(3.) THE prosecution case is that on 24th December 1987. at about 8/9 A. M. Harkaran Singh PW reached Civil Hospital, Bhatinda to enquire about the condition of his father-in-law Karnail Singh lying admitted there after being injured in the attack on him on 11th December, 1981. His brothers in law (wife's brothers) Sukhdev Singh deceased and Gurtej Singh PW were already present in the said hospital. It is said that after some time Harkaran Singh went to the canteen in the Civil Hospital premises for a cup of tea and shortly afterwards, Grutej Singh PW and Sukhdev Singh deceased also came out of the hospital building the former for tea and the latter to purchase a medicine for their father Karnail Singh from the medical store being run within the premises of the hospital itself, at a distance of about 15/20 karams from the said canteen. Gurtej Singh went to the said canteen and ordered for tea while Sukhdev Singh deceased walked to the said medical Store. After purchasing medicine from the medical store, Sukhdev Singh deceased started towards the hospital building and at that time Gurtej Singh and Harkaran Singh PWs saw Jagtar Singh accused armed with a 12 DBBL gun, Harpal Singh accused armed with a 12 bore pistol and Major Singh alias Jalaur Singh (absconder) with a 12 bore SBBL gun, making their appearance to the rear of Sukhdev Singh deceased after emerging from the lane in between the medical store and the canteen. Immediately on arrival, Major Singh (absconder) fired from his gun hitting Sukhdev Singh deceased on his back. The deceased on being thus bit by the shot on his back, fell down. Then Jagtar Singh accused went near Sukhdev Singh deceased and fired at him from his gun hitting him on his left rear. Lastly, Harpal Singh accused fired a shot from his pistol which hit the right upper arm of the deceased and thereafter all the three accused bolted away from the spot with their respective weapons. Gurtej Singh and Harkaran Singh PWs went near Sukhdev Singh and found him lying dead. Leaving Harkaran, Singh near the dead body, Gurtej Singh left for the Police Station Kotwali Bhatinda to lodge the report but on the way, he met Sub Inspector Bhagat Ram near the Red Cross Canteen, close to the District Court's gate. Bhagat Ram recorded the statement-Ex. PA of Gurtej Singh, on the basis of which formal FIR Ex. PL/14 was registered in the Police Station Kotwali, Bhatinda. Bhagat Ram went to the spot, held inquest and sent the dead body of Sukhdev Singh to mortuary for autopsy. The Sub-Inspector lifted blood-stained earth from the spot and also recovered 5 pieces of wads and a bottle of medicine from there. A wallet Ex. P. 1 containing a photograph and a currency note of the denomination of Rs. 10/- were taken out from the pocket of the trousers worn by the deceased and the same were taken into possession vide memo Ex. PF. The accused were searched but they were not traceable. They were, however, subsequently arrested. The Sub Inspector interrogated Major Singh accused on 7th January, 1982 in the presence of Balam Singh and Balbir Singh and he suffered disclosure statement leading to the recovery of 12 SBBL gun Ex. P 5 and four cartridges of the same bore (Exs. P.6 to P 9) from the specified place of concealment and all these articles were then sent to the Forensic Science Laboratory, Chandigarh for examination.