STATE OF PUNJAB Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) This appeal is instituted against judgment dtd. 1/2/2007, rendered by learned Additional Sessions Judge, Moga, in Sessions Case No. 154 dtd. 18/9/2000, whereby respondent Sukhwinder Singh alias Binder Singh, who along with co-accused was charged with and tried for the offences punishable under Ss. 302/364/342/201/148 read with Sec. 149 IPC, has been acquitted of the charges framed against him.

(2.) The case of the prosecution, in a nutshell, is that on 12/3/2000, Hari Singh complainant lodged FIR stating therein that on 11/3/2000 at 6.30 PM, he was irrigating his fields from the electric motor (tubewell). He went near Tibe Wala field, which was at a distance of about two killas from the said electric motor, to divert the water. He noticed Pal Singh son of Anokh Singh armed with toki, Billu son of Mukhtiar Singh armed with sota, Binder Singh armed with kirch, Raja Singh armed with gandasa, Kaka Singh armed with toki, Gurnam Singh armed with kirpan, Kala Singh armed with datar, Gurdial Singh armed with toki and Teja Singh armed with kahi coming from the back side of the electric motor. They raised lalkara. They encircled and caught hold him. In the meantime, his father Banta Singh armed with his 12 bore gun came at the spot and asked the accused in a loud voice what was happening. He was not spared. In order to save him, his father fired a shot in air from his gun. The accused did not spare him. Then, his father again fired shot towards the accused to save him from them. He could not narrate who was hit by the bullet. He was let out by the accused. He ran towards the fields. All the accused over-powered his father Banta Singh with his licensed gun. They took him away with an intention to murder him. He spent whole of the night in the fields. In the next morning, he came to know that his father had not returned since the last evening. He searched for his father. The motive of crime was that for the last about 30 years, they had a dispute with regard to land measuring 2 killas 6 kanalas with the accused party. A case regarding the said dispute was pending in the court of Commissioner, Ferozepur. He accompanied by his brother Harinder Singh went to Police Station Mehna to report the matter. The FIR under Ss. 364/342/148/149 IPC was registered. Balwant Singh son of Ram Singh came to Police Station Mehna and told that he had seen the dead body of Banta Singh near the cremation ground of village Kapure. Sec. 302 IPC was inserted. The dead body of Banta Singh was found lying in the cremation ground. The dead body was sent to Civil Hospital, Moga, for autopsy. The matter was investigated and challan was put up after completing all the codal formalities.

(3.) Respondent Sukhwinder Singh alias Binder Singh along with other co-accused was charged with and tried for offences punishable under Ss. 302/364/342/201/148 read with Sec. 149 IPC. During trial, he was declared proclaimed offender. His co-accused were separately tried. Co-accused Pal Singh, Tejwinder Singh alias Teja Singh, Balbir Singh alias Balvinder Singh alias Billu, Gurdial Singh, Sukhdev Singh alias Kaka, Joginder Singh alias Kalu, Gurnam Singh alias Gama and Rajwinder Singh alias Raja were convicted and sentenced for the aforesaid offences, vide judgment and order dtd. 15/9/2003, while co-accused Tara Singh had been acquitted. The respondent surrendered before the trial court on 10/8/2006. He was separately tried.