BALWINDER SINGH @ MINKAL BAJAJ Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) The present appeal has been filed by appellant-Balwinder Singh @ Minkal Bajaj challenging the judgment of conviction dated 14.07.2012 and order of sentence dated 17.07.2012, passed by learned Additional Sessions Judge, Chandigarh, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of '25,000/- under Section 302 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years.

(2.) The brief facts of the case are that FIR, in the present case, was registered on the basis of statement got recorded by Kiran Harpreet Kaur Cheema to Inspector Mahabir Singh, on 13.07.2010. In her statement, she stated that she had two brothers, the elder one lives in Canada and the younger one Tripatdeep Singh @ Tippa was living in Muktsar. Tripatdeep Singh Sekhon was visiting her in Zirakpur for the last several days in connection with his work. On 13.07.2010, Tripatdeep Singh took her daughter Abir, aged about 4' years and Kinetic bearing No.PB-58-F-2457 to visit a family friend Paramjit Kaur daughter of Gurjant Singh, r/o House No.1610, Sector 7-C, Chandigarh, who also belonged to Muktsar. The complainant received telephonic information that Tripatdeep Singh was admitted in Sector-16 Hospital in an injured condition. Thereafter, she rushed to emergency Ward, General Hospital, Sector-16, Chandigarh where Paramjit Kaur was also present. She asked Tripatdeep Singh how the incident occurred and in the presence of Paramjit Kaur and the police, he told her that he had been shot by Balwinder Singh @ Minkal Bajaj and his companions. Thereafter, his condition deteriorated and he was referred by the doctors to PGI. She reached PGI in government ambulance where the doctors in emergency declared him dead. Minkal Bajaj and his accomplices had murdered her brother with gun shot on account of previous enmity. On this statement, ruqa was sent to the police station, upon which, FIR was registered. Site plan was prepared and statements of witnesses were recorded. Inquest proceedings were conducted. Post-mortem was also got conducted on the dead body. On 28.07.2010, accused-Balwinder Singh @ Minkal Bajaj was arrested. Car Santro bearing No.PB-30-F-5935, revolver . 32 bore B-3480 and 4 live cartridges .32 bore were recovered from his possession. After necessary investigation, challan was presented against the accused-appellant.

(3.) On presentation of challan against appellant-accused, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the appellant was charge-sheeted under Section 302 IPC and Section 25 of the Arms Act, to which he pleaded not guilty and claimed trial.