STATE OF PUNJAB Vs. GURMUKH SINGH AND OTHERS

JUDGEMENT

(1.) This judgment would dispose of Criminal Appeal No. 484-DBA of 2001 and Criminal Revision No. 899 of 2001 as they have been filed against the common judgment dated Dec. 13th, 2000 passed by learned Additional Sessions Judge, Ropar, whereby, above named respondents were acquitted.

(2.) The prosecution case, in brief, is that on May 5th, 1991 at about 11.30 PM Sucha Singh-respondent No.2 along with three persons in their thirties came to the house of Major Singh-complainant and his brother Dharam Singh situated in village Majri, Police Station Morinda, District Ropar. They knocked on the door. Major Singh and Dharam Singh woke up. Sucha Singh and his accomplices were armed with rifles. Except Sucha Singh, others were in muffled faces. The accomplices of Sucha Singh asked Major Singh as to what was the dispute between him and Sucha Singh. Major Singh told them that the dispute was not with him but was with his brother Karam Singh (deceased). Sucha Singh and his accomplices asked Major Singh and Dharam Singh to accompany them to the house of Karam Singh as they wanted to have a talk with him. All of them reached the house of Karam Singh and awoke him. They asked Karam Singh as to why he was not vacating the land of Sucha Singh. They threatened Karam Singh with dire consequences. Karam Singh told them that since the matter is pending in the Civil Court, he would not vacate the land. Meanwhile, one of the assailants fired shot on the head of Karam Singh with his rifle. Karam Singh died instantaneously. An alarm was raised. The accused fled away from the scene of occurrence.

(3.) Next morning, that is, May 6th, 1991, Major Singh proceeded to lodge the report to the Police. Kartar Singh Assistant Sub- Inspector, Police Station Morinda met him near Bus-stand and recorded his statement (Exhibit PA). He appended his endorsement (Exhibit PA/1) and sent the same to the Police Station. On the basis of which, formal First Information Report (for short 'the FIR') (Exhibit PA/2) was recorded. Police reached the spot. Inquest proceedings (Exhibit PC) were conducted. Blood stained earth and one fired shot were taken into possession vide recovery memorandum (Exhibit PD). Rough site plan of the place of occurrence (Exhibit PG) was drawn.