NIRVAIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 5.4.1990 when there were apparent disturbances in part of the State, at S.P.O. Police Post Vain Puin, fire shot from S.L.R. allotted to Nirvair Singh resulted in the death of constable Jagtar Singh. Upon trial, Nirvair Singh who is also a constable was convicted. The learned Addl. Sessions Judge, Amritsar, upon holding Nirvair Singh guilty of the offence under Section 302 of the Indian Penal Code passed an order of sentence dated 22.4.1995 awarding him life imprisonment and to pay a fine of Rs. 200/- and in default to undergo rigorous imprisonment for one month. It is this judgment of the learned Additional Sessions Judge dated 22.4.1995 which has been impugned in the present criminal appeal.

(2.) THE case of the prosecution is that Nirvair Singh was on duty intervening night 4/5.4.1990 at Police Post S.P.O. Vain Puin. The incharge of this Police Post Head Constable Jaswant Singh had proceeded on leave for four days and consequently, Jarnail Singh Constable was sent in place of Head Constable Jaswant Singh. Jagtar Singh, Partap Singh and Lakhwinder Singh were other constables on duty at that police post. Partap Singh was on duty from 6 p.m. to 9 p.m., Lakhwinder Singh was on duty from 9 p.m. to 12 p.m. and Jagtar Singh was on duty from 12 mid night to 3 a.m. Duty of Nirvair Singh was from 3 a.m. to 6 a.m. The unfortunate occurrence took place at 4.30 a.m. at Village Post Vain Puin and FIR was registered at 6.30/7 a.m. on 5.4.1990 at Police Station Verowal which is at a distance of 18 km, upon recording of statement of Constable Jarnail Singh (PW1) by Mohinder Singh SHO (PW11). According to Jarnail Singh, Constable Jagtar Singh after completing his duty asked Nirvair Singh accused to attend his duty and after that, Jagtar Singh is stated to have gone on the roof of sentry post for sleeping. At about 4.30 a.m. Jarnail Singh, Partap Singh and Lakhwinder Singh heard gun shot. They went up and saw that Jagtar Singh was lying on the ground in an injured condition and he was conscious at that time, and, he told that Nirvair Singh accused had fired at him. According to the deceased, the accused had illicit relations with some girl and Jagtar Singh had asked him not to indulge in these matters. Due to this grudge, the accused had fired shot at the deceased. Other constables tried to over-power the accused, but he ran away leaving his gun behind, but took away loaded magazine along with him. The accused is stated to have fired shot from his service S.L.R. No. 114/T.T. The matter was reported by wireless message and thereafter ASI Gurdial Singh had come at the spot and Jagtar Singh was in senses. Therefore, he was immediately taken to Civil Hospital, Taran Tarn for treatment, but on the way he succumbed to his injuries.

(3.) THE present case is certainly a case of more circumstantial evidence than eye version account. It is for this reason that we must scrutinise the evidence more carefully to avoid prejudice to either side. The material witnesses of the present case are P.W.1 Jarnail Singh on whose instance FIR was recorded and Dr. Karanjit Singh (PW7) who proved post-mortem report, conducted post mortem examination on the dead-body of the deceased. Lakhwinder Singh and Partap Singh Constables who were on duty prior to the duty of the accused and the deceased were examined as P.W.2 and P.W.3 respectively. FIR has been exhibited as PG which was registered on the basis of the ruqa Ex.PA/1. The investigating Officer had recorded the statements of these witnesses. The duty roster dated 4/5.4.1990 Ex.PW8/1 is not really material because the basic facts are hardly disputed by the accused himself.