STATE OF PUNJAB Vs. LAKHWINDER SINGH

JUDGEMENT

(1.) FIR No. 35 dated 16.03.2015 was registered at Police Station Lopoke, Amritsar on the statement of Manjit Singh son of Sohan Singh, wherein he stated that he along with his family was living in village Lahorimal in fields and his nephew Gurjant Singh (since deceased) was residing in nearby house with his family. Dalwinder Singh son of Amrik Singh and his brothers Lakhwinder Singh, Karaj Singh and Baldev Singh were also living at a distance of 3 Killas. Gurjant Singh had love affair with Manjit Kaur daughter of Dalwinder Singh, which was not to the liking of her family members. They raised objection and did not agree for their marriage. In the month of Jan. 2014, Gurjant Singh and Manjit Kaur eloped and married at Gurudwara Dukh Niwaran, village Nathu Ki Patti, Basarke and filed a petition in the High Court. Dalwinder Singh father of Manjit Kaur got registered an FIR No. 19 dated 21.01.2014 under Sec. 366 read with section 120B Indian Penal Code (for short-'IPC') at Police Station Gharinda against Gurjant Singh and his family members. For a period of about 4-5 months after marriage, Gurjant Singh and Manjit Kaur lived at an undisclosed place and thereafter they started living at village Lahorimal as husband and wife.

(2.) Dalwinder Singh, his brothers and their sons were not comfortable as Gurjant Singh had enticed away Manjit Kaur, started living in their neighbourhood and filed petition against them in the High Court. They felt annoyed and started nursing grudge against both. On 16.03.2015, at about 9:00 a.m., Gurjant Singh and Manjit Kaur went to Amritsar on motorcycle to take medicine and while returning to their village at about 4:30 p.m. from the side of village Padhri, complainant and his nephew Gurwinder Singh were following them on their separate motorcycle. When they reached near motor of Major Singh of village Padhri, a Bolero vehicle of white colour came from opposite side and hit the motorcycle of Gurjant Singh, as a result of which, both Gurjant Singh and Manjit Kaur fell on the ground. Accused-appellants Lakhwinder Singh, Dalwinder Singh sons of Amrik Singh were armed with 12 bore double barrel guns, Baldev Singh and Karaj Singh sons of Amrik Singh with pistols, while Gurbhej Singh son of Dalwinder Singh and Gurtej Singh son of Lakhwinder Singh were armed with datar. They were also accompanied by two unidentified persons armed with dangs, who alighted from the vehicle and started beating Gurjant Singh and Manjit Kaur. Lakhwinder Singh, Dalwinder Singh, Karaj Singh and Baldev Singh fired shots with their weapons towards Gurjant Singh and Manjit Kaur with intention to kill them while Gurtej Singh, Gurbhej Singh and two other unidentified persons caused injuries to them with their respective weapons. Complainant and his nephew Gurwinder Singh raised 'raula' at which all the assailants fled away from the spot along with their respective weapons in Bolero vehicle. Gurjant Singh and Manjit Kaur died at the spot because of the injuries suffered by them. Their family members arrived there and Inspector Harminder Singh SHO Police Station Lopoke also reached the spot and recorded statement (Ex. PA) of complainant, on the basis of which formal FIR (Ex. P16/2) was registered.

(3.) On inspection, Inspector Harminder Singh found four empty shells of 32 bore at the spot, which were converted into a parcel, sealed with his seal 'HS' and taken in possession vide recovery memo Ex.PW10/3. Two shells of 12 bore were also recovered from the spot and taken into possession vide recovery memo Ex.PW10/4 and Ex.PW10/5 along with motorcycle of deceased. He prepared rough site plan (Ex.PW16/4) of the place of occurrence, inquest report of deceased Manjit Kaur (Ex.PW16/5), Gurjant Singh (Ex.PW16/6) and handed over their dead bodies to Head Constable Gurmit Singh and PHC Paramjit Singh, who took the same to mortuary of Civil Hospital, Ajnala.