HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in these appeals, i.e. CRA-D-991-DB of 2018, CRA-D-1012-DB of 2018, CRA-D-1083-DB of 2018 and CRA-D-1151-DB of 2018, therefore, these are taken up together and being disposed of by a common judgment.

(2.) All these appeals are directed against judgment dated 9. 10.2018 and order dated 12.10.2018, rendered by learned Additional Sessions Judge, SAS Nagar Mohali. Appellants Harpreet Singh, Gursewak Singh Bhoot, Rupinder Singh, Kuldeep Singh alias Deep, Dalbir Singh alias Daljit Singh alias Dalli, Kamaldeep Singh alias Kamal, Gagandeep Singh alias Ladda and Sukhpreet Singh alias Roda, along with co-accused Gaurav Patial, were charged with and tried for the offences punishable under Sections 148, 302 read with Section 149, 506, 341 IPC and Section 25 of the Arms Act. The appellants were convicted and sentenced as under :-

(3.) The case of the prosecution, in a nutshell, is that Major Singh made statement before the police to the effect that he was studying law at Lincoln College, Sirhind. On 07.07.2014, he was sitting at Maula Service Station of his village. Gurjant Singh alias Janta son of Randhir Singh along with his uncle Prem Singh and Kulwant Singh came to the Service Station for getting their vehicle (car) washed. They parked the vehicle. They were talking with each other. Gurjant Singh was sitting on the cot. In the meantime, at about 8.30 PM, two cars, i.e. one Figo of white colour bearing registration No. 8384 and the other make Polo of black colour bearing registration No. PB-65 U-2528, came there. Kuldeep Singh alias Deep, Roda, Dalbir Singh alias Dalli, Kamaldeep Singh alias Kamla, Harpreet Singh Toor, Rupinder Singh and Gaurav Patial along with two unknown persons alighted from the vehicles. They were armed with kirpan, kirch and gandasi. They attacked Gurjant Singh. Rupinder Singh caught hold of arms of Gurjant Singh and gave kirch blow on his neck. When Gurjant Singh tried to rescue himself, then one unidentified person caught hold of his second arm. In the meantime, accused Kuldeep Singh gave three kirpan blows on the head of Gurjant Singh. When they tried to rescue Gurjant Singh, accused Harpreet Singh Toor pointed pistol towards them and restrained them. Accused Sukhpreet Singh alias Roda gave gandasi blow on the face of Gurjant Singh, while he was lying on the ground. Dalbir Singh alias Dalli gave kirpan blow on the left and right arm of Gurjant Singh. Kamaldeep Singh alias Kamal gave kirch blows on the neck and head of Gurjant Singh. Accused Lucky gave kirpan blow on the chest and neck of Gurjant Singh. Accused ran away from the spot. Injured Gurjant Singh was shifted to GMCH, Sector 32, Chandigarh for treatment. He was referred to PGI, Chandigarh. The doctors declared him "brought dead"?. The motive behind this occurrence was that during Lok Sabha elections, Gurjant Singh gave injuries to the party of Roda. Due to this enmity, all the accused in furtherance of common object committed murder of Gurjant Singh. The FIR was registered. Post mortem of the body was got conducted. The investigation was completed and after completing all the codal formalities, challan was put up against accused Kuldeep Singh, Sukhpreet Singh, Dalbir Singh, Kamaldeep Singh, Gagandeep Singh and Gursewak Singh.