HARMINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in these cases bearing CRA-D No. 562-DB of 2003, CRA-D No. 685-DB of 2003 and CRR No. 1402 of 2004, the same are being disposed of by a common judgment.

(2.) The present appeals and criminal revision are instituted against the judgment and order dtd. 10/6/2003, rendered by Additional Sessions Judge, Fast Track Court, Ludhiana, in Sessions Case No. 21 dtd. 4/5/2000, vide which accused Harjinder Singh @ Shunti and Harminder Pal Singh alias Pappu, who were charged with and tried for the offence punishable under Sec. 302/34 IPC and Sec. 27 of the Arms Act, were convicted and sentenced under Sec. 302/34 IPC to undergo imprisonment for life and to pay fine of Rs.10,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for two years. Appellant Harjinder Singh @ Shunti was also convicted and sentenced to undergo rigorous imprisonment for two years under Sec. 27 of the Arms Act for misusing his licensed revolver and also to pay a fine of Rs.1,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months.

(3.) The case of the prosecution in a nutshell is that on 3/2/2000 PW 1 Jaswinderpal Singh got recorded his statement to the effect that his brother Mohinderpal Singh @ Bhanu, and one Navtej Singh son of Jagjit Singh, resident of village Agwal Lopo (Jagraon,) were present in the house of Mohinderpal Singh situated in Mohalla, near Hargobind Nagar. Ravinder Singh @ Bunti son of Atar Singh of Shop No. 35, New Sabzi Mandi, Ludhiana, came to them and told that he had got some altercation with Harjinder Singh @ Shunti son of Harbhajan Singh, Pappu son of Gulab Singh, shop keepers, Sabzi Mandi. These persons humiliated him and removed his turban. He requested Jaswinderpal Singh complainant, his brother Mohinderpal Singh and Navtej Singh to accompany him to Sabzi Mandi to get the dispute settled. They went to Sabzi Mandi in the car of Ravinder Singh. It was about 8.30 P.M. at that time. They stopped in front of shop no. 35, which belonged to Ravinder Singh @ Bunti. Harjinder Singh @ Shunti and Pappu son of Gulab Singh along with 2/3 persons, who were unidentified, came and confronted them. Jaswinderpal Singh got down from the car and went to Harjinder Singh. Jaswinderpal Singh tried to settle the matter. Pappu son of Gulab Singh and other persons standing there raised lalkara that the complainant party should not be spared and they should be taught a lesson for helping Ravinder Singh. In the meantime, Harjinder Singh @ Shunti took revolver from his pocket. He fired shot towards Mohinderpal Singh. Mohinderpal Singh fell down on the ground. Alarm was raised. The accused fled away from the spot. Mohinderpal Singh died after some time. It was also stated in the complaint that on earlier occasion Ravinder Singh @ Bunti and Harjinder Singh @ Shunti had a dispute. The dead-body was sent for post-mortem examination. Recoveries were effected. Investigation was completed and challan was put up after completion of all the codal formalities.