ABHEY KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two connected criminal appeals i.e. and CRA No.D-511-DB of 2011 arising out of the same judgment.

(2.) Cra No.D-272-DB of 2011 has been filed by the accusedappellants against judgment of conviction and order of sentence dated 14.01.2011 passed by learned Addl. Sessions Judge, Barnala, whereby appellant Abhey Kumar was convicted under Sections 302, 307 IPC and 27 of the Arms Act, whereas appellant Arun Kumar was convicted under Section 302/34 IPC and they were sentenced to undergo imprisonment for life under Section 302/34 IPC along with other sentences and fine. All the sentences were ordered to run concurrently.

(3.) The brief facts of the case are that the FIR in the present case has been registered on the statement of Harmail Singh, who got recorded his statement to SI Kulwant Singh on 15.07.2008. Complainant Harmail Singh stated that they are two brothers and name of his elder brother is Jasmail Singh, who used to help his father along with him in agriculture. Abhey Kumar is running a commission agency and money exchange business. They were in possession of some land at Bajakhana road, Bhadaur and they used to cultivate that land. Abhey Kumar had purchased some adjoining land at Bajakhana road, which was also in their possession and they did not give up the possession. There was dispute with Abhey Kumar regarding possession. It is further stated that Abhey Kumar was running illegal business under the garb of Western Union and he had purchased the said plot with black money. When the dispute was pending between them, Abhey Kumar was given slaps by complainant's brother Jasmail Singh and his father Mukhtiar Singh in a marriage party which took place in Khaira Palace, Bhadaur, about 3-4 months back, due to which, Abhey Kumar was keeping the grudge. Complainant also stated that his brother Jasmail Singh, during the said dispute, moved application against Abhey Kumar to Income Tax Department etc. with regard to Income Tax and deficiency of stamps. Thereafter, the matter was compromised with the intervention of the panchayat and respectables and as per the compromise, the back portion of the land was registered in favour of complainant side. It is further stated that due to the incident of slapping, Abhey Kumar was keeping the grudge. On 16.07.2008, there was ring ceremony of the complainant and betrothal ceremony was to be held on 18.07.2008, whereas marriage was to be solemnized on 19.07.2008. In connection with the marriage, he, Gurpal Singh, Jaspreet Singh and his brother Jasmail Singh, had gone to the shop of Parshotam Electronics situated in Jaid Market, Bhadaur for purchasing electric goods. On 15.07.2008 at 8.00 p.m., one another person was also sitting with Parshotam in his shop. They were busy in talking with each other. In the meantime, Abhey Kumar and his son Prince Kumar came at the shop on motorcycle bearing registration No.PB-13M-8399. They alighted from the motorcycle. On seeing Jasmail Singh, Prince Kumar asked his father that his enemy is sitting inside the shop and he should take revenge of his insult. Thereafter, Abhey Kumar fired two shots from his pistol which hit on the chest of Jasmail Singh, two shots were fired by him on the back of shoulder of Jasmail Singh and one shot was fired by him on his back and when Prince tried to snatch the pistol from Abhey Kumar, one shot hit on the person, who was sitting in the shop and thereafter, Jasmail Singh fell on the ground. Then Prince gave one shot on his back and thereafter, both of them ran away from the spot on their motorcycle. Complainant further stated that they took Jasmail Singh in their car to Civil Hospital, Bhadaur, where he was declared brought dead by the doctor. Other person, who was injured at the spot, was taken to Civil Hospital, Barnala. On the basis of this statement, ruqa was sent to the police station, whereupon, FIR was registered. Accused Abhey Kumar was arrested. .32 bore pistol was recovered from him. During investigation, Arun Kumar was found innocent. After necessary investigation, challan was presented against the accused-appellant Abhey Kumar.