BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case in brief is that on 27-5-1992 Sharanjit Singh, Paramjit Singh and their father Surinder Singh were there at bus adda Shahbazpur. They were to go to Amritsar. Raghbir Singh and Kuldip Singh sons of Rattan Singh of village Shahbazpur were quarrelling with a tailor-master of Kamalpura. They were giving him slaps. Sharanjit Singh and Paramjit Singh intervened and separated them. They remarked that poor should not have been beaten and insulted like that and if they were to fight and have trial of strength with an equal and not with a poor like that tailor. Thereafter, Surinder Singh and his sons left for Amritsar. At about 2-30 p.m. they came back from Amritsar and alighted at bus adda Shahbazpur. After alighting at bus adda they started going towards their house/Behak and when they reached in front of the house/shop of Raghbir Singh son of Rattan Singh, said Raghbir Singh fired shot with 12 bore double barrel gun towards them i.e. Surinder Singh and his sons with intention to kill them, but the fire shot did not hit anyone. Kuldip Singh son of Rattan Singh raised Lalkara that they i.e. Surinder Singh and his sons, be taught a lesson for assuming respectability (Chaudhar). Thereupon Raghbir Singh fired another shot at Paramjit Singh and the fire shot hit Paramjit Singh in the right side of his chest and the nipple. Paramjit Singh fell after the receipt of the fire shot. Surinder Singh and Sharanjit Singh raised alarm 'Mar ditta! Mar Ditta!' Raghbir Singh and Kuldip Singh ran away with the said 12 bore double barrel gun. Surinder Singh arranged conveyance and Paramjit Singh injured was removed to Civil Hospital, Taran Taran by Surinder Singh and his son Sharanjit Singh. Paramjit Singh was declared dead in Civil Hospital, Tarn Taran. Sharanjit Singh was left in Civil Hospital, Tarn Taran to guard the dead body. On receipt of message from Civil Hospital, Tarn Taran, ASI Shamir Singh reached there. Surinder Singh met him at the gate of the Civil Hospital Tarn Taran where he made statement Ex. PW. 6/A before ASI Shamir Singh. On the basis of statement Ex. PW6/A, Case FIR No. 35 dated 27-5-1992 was registered at Police Station Patti under S. 302/34, IPC and 25/27 of Arms Act.

(2.) ASI Shamir Singh PW. 13 held inquest on the dead body which is Ex. PW. 5/C. Dead body was handed over to HC Daljit Singh and LC Inderjit Singh with a view to getting autopsy performed on it. He recorded the statements of Sharanjit Singh and Surinder Singh. He reached the place of occurrence, i.e. village Shahbazpur. He prepared rough site plan Ex. PW. 13/C of the place of occurrence. He recorded the statements of Mukhtiar Singh and Partap Singh.

(3.) Dr. Paramjit Singh, Medical Officer of Civil Hospital, Tarn Taran performed autopsy on the dead body of Paramjit Singh son of Surinder Singh on 28-5-1992 at 11-00 a.m. He found the following injuries on the dead body :-