LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Lakhbir Singh and Harjit Singh appellants along with their co-accused Dalbir Singh were brought to trial for committing the murder of Swam Singh, Mst. Mango and Hardev Singh before the Additional Sessions Judge, Amritsar. Lakhbir Singh and Harjit Singh appellants have been found guilty of the murder of Swam Singh deceased and stand convicted under section 302 read with section 34, Indian Penal Code and each of them has been sentenced to life imprisonment. Harjit Singh appellant has been found guilty of the murder of Mst. Mango and Hardev Singh and stands convicted under section 302, Indian Penal Code and sentenced to life imprisonment on two counts. He has been further convicted under section 307, Indian Penal Code, for committing murder was assault on Gurmit Kaur P. W. and sentenced to ten years rigorous imprisonment with the direction that the sentences awarded to Harjit Singh shall run concurrently. They have challenged their convictions and sentences by filing Criminal Appeal No. 636-DB of 1986. The State of Punjab has filed Criminal Appeal No. ISO-DB of 1987 for the enhancement of sentence awarded to Lakhbir Singh and Harjit Singh. This judgment will dispose of both the appeals.

(2.) The prosecution case is that on 27-3-84 at about 10.50 a.m., Swam Singh deceased accompanied by Kuldip Singh, Kulwant Singh, Gurmit Kaur and Swam Kaur P. Ws. started from their village Thanda on a tractor-trolley. Swam Singh deceased was driving the tractor while Kuldip Singh and Kulwant Singh were sitting on the fodder loaded in the trolley attached to the said tractor. Gurmit Kaur and Swam Kaur were sitting on the wooden plank fitted to the tractor. At the alleged time of occurrence, Gurmit Kaur was carrying a child named Hardev Singh aged about years in her lap. Near village Nawanpind Tirathgath, Smt. Mango met them. On the indication of Smt. Mango, Swam Singh stopped the tractor and Smt. Mango also got on the tractor and she sat on the wooden plank where Gurmit Kaur and Swam Kaur were already sitting. When they reached near the tube well of Chain Singh in - the area of village Fatehpur accused Lakhbir Singh, Harjit Singh and their companion Surjit Singh accused (absconder) were seen standing beneath a Tahli tree near the tubewell. Lakhbir Singh was armed with a pistol while the other two accused were having sten-guns. All the three accused advanced towards the tractor on the Pucca road. Surjit Singh accused challenged that Swam Singh should muster courage as they had come to take revenge of the murder of their grand father Basant Singh and their uncle Kashmir Singh. Thereupon, Surjit Singh exploded the burst of the sten-gun which hit on the right side of the chest of Swam Singh and the other parts of his body. Swam Singh then took to turn on the seat of the tractor in order to save himself. Simultaneously, Harjit Singh accused fired a burst from his stengun which hit Swam Singh on his back and some of the pellets also hit Gurmit Kaur, Smt. Mango and Hardev Singh. Lakhbir Singh accused fired a shot from his pistol which hit Swam Singh on his black. It is alleged that at the time of firing of shots by the accused, both Kuldip Singh and Kulwant Singh P. Ws. concealed themselves by laying on the fodder loaded on the trolley and in this way they escaped unhurt. Kuldip Singh and Kulwati Singh raised alarm and then all the accused ran away with their respective weapons. There after Kuldip Singh and Kulwant Singh got down from the trolley and removed Swam Singh from the tracter Swam Singh died at the spot. Gurmit Kaur, Swam Kaur and Smt. Mango also get down from the tractor and in the meantime Joginder Singh P.W. brought an auto- rickshaw in which Gurmit Kaur and Hardev Singh injured were taken to the hospital at Amritsar. Smt. Mango was removed in a Rehra by her son Tarlok Singh and she was also taken to the hospital. Hardev Singh and Smt. Mango died of the injuries sustained by them -during the occurrence. Leaving Smt. Swam Kaur and Kulwant Singh P.W. at the spot to guard the dead body of Swam Singh, Kuldip Singh set out for the police station to lodge the report. On the way, Kuldip Singh met Gurcharan Singh Assistant Sub-Inspector to whom he made a statement Ex. PH/A. on the basis of which, Formal F.I.R. Ex. PH/C was recorded at Police Station Sadar, Amritsar. Gurcharan Singh prepared the visual plan of the place of occurrence and lifted blood stained earth from there. He also recovered 7 empty cartridges of 9 MM from near the place of occurrence. Inquest proceedings were prepared at the spot on the dead body of Swam Singh and thereafter the dead body was sent to the mortuary for autopsy. Gurcharan Singh Assistant Sub-Inspector then went to S.G.T.S. hospital and held inquest on the dead body of Hardev Singh. Smt. Mango died on 28-3-84 and on the same day, Gurcharan Singh held inquest Ex. PE on her dead body. Both the dead bodies were sent to the mortuary for autopsy. Lakhbir Singh, Dalbir Singh and Harjit Singh accused were arrested. Surjit Singh could not be arrested and he was declared a proclaimed offender.

(3.) Dr. M.L. Ashwani P.W. 2 conducted medico-legal examination on the persons of Smt. Mango and Smt. Gurmit Kaur on 27-3-1984 and he found six injuries on the former and 5 injuries on the latter as detailed in the medico-legal reports Exs. PA and PB respectively. On 28-3-1984, Dr. Ashwani conducted autopsy on the dead bodies of Smt. Mango and Hardev Singh and found six injuries on the former and 5 injuries on the latter as detailed in the post-mortem reports Exs. PC and PF respectively. On the same day the doctor conducted autopsy on the dead body of Swam Singh deceased and found as many as 17 injuries as detailed in the postmortem report Ex. PG. In the case of Smt. Mango, death was opined to be due toT shock and haemorrhage as a result of multiple injuries which were sufficient to cause death in the ordinary course of nature. In the cases of Swam Singh and Hardev Singh deceased death was opined to be due to shock and haemorrhage as a result of injuries to liver and small intestines which were sufficient to cause death in the ordinary course of nature. After necessary investigation, the accused were challaned and committed.