SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment and order dated 26. 08.2015, rendered by learned Additional Sessions Judge, Tarn Taran, in Criminal Case No. SC/13/11.10.2012, whereby appellants Sukhdev Singh, Dalwinder Singh and Veer Kaur, who were charged with and tried for the offences punishable under Sections 302, 307 and 201 read with Section 34 IPC and Sections 27 and 30 of the Arms Act, were convicted and sentenced as under :-

(2.) The case of the prosecution, in a nutshell, is that on 11.06.2012, Inspector/SHO along with his fellow officials was present in the area of Adda Amarkot in connection with patrolling and Nakabandi. He received an information that Sahib Singh son of Mehal Singh resident of village Lakhna had died due to gun shot injury. His body was lying in Dhawan Nursing Home, Bhikhiwind. Immediately thereafter, he along with his colleagues went to the hospital. He found Balbir Singh, brother of deceased, along with his nephew Jajbir Singh present there. Balbir Singh got his statement recorded. According to him, on 08.06.2012, his nephew Jajbir Singh son of deceased Sahib Singh had an altercation with the family of Sukhdev Singh. On 10.06.2012, he along with his brother Sahib Singh and his nephew Jajbir Singh had gone towards their fields to switch on the tubewell on availability of power supply. They were in a jeep. At about 9.00 PM, when they turned towards their fields and were present on the kacha passage, they parked their jeep on one side and started walking towards their tubewell. All of a sudden, Sukhdev Singh armed with .315 bore rifle, his son Paramjit Singh alias Pamma alias Dalwinder Singh carrying 12 bore rifle and Veero wife of Baj Singh unarmed accompanied by 2-3 unidentified persons, who were armed with swords came towards them. Veero raised lalkara. Immediately thereafter, Paramjit Singh alias Pamma alias Dalwinder Singh fired a gun shot with his 12 bore double barrel gun aiming towards them with intention to kill them. But some how or the other, all of them ducked and saved themselves. Thereafter, accused Sukhdev Singh also fired a shot with his .315 bore rifle aiming towards them with intention to kill them. The shot hit into abdomen of his brother Sahib Singh. It pierced through his body. Sahib Singh started bleeding. He and Jajbir Singh raised alarm. All the assailants managed to run away from the spot. He took injured Sahib Singh to Dhawan Nursing Home, Bhikhiwind. Doctor declared him 'brought dead'. The body was sent for post mortem examination. Four spent cartridges of 12 bore caliber, two green in colour - one scribed with ASTRAM and KF-96 and other with letters KF-Delux scribed thereon, and two spent cartridges of light red colour - one scribed with Shaktiman and another with Shaktiman Express, were collected from the spot. These were converted into a parcel. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. They examined four witnesses in support of their defence. The appellants were convicted and sentenced, as noticed here-in-above. Hence, these appeals.