SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order we propose to decide Criminal Appeal No. 549-DB of 1995 preferred by Surjit Singh, Manjit Singh, Gurdip Singh, Makhtiar Singh, Atma Singh and Bikkar Singh against the order of learned Sessions Judge, Faridkot dated 12th of September, 1995 convicting Surjit Singh and Manjit Singh to undergo R.I.for life under Section 302 of the Indian Penal Code and to a pay a fine of Rs. 200/- or in default of payment of fine to further undergo R.I.for two months each; to undergo R.I.for two years under Section 148 of the Indian Penal Code; to undergo R.I.for three years under Section 307 of the Indian Penal Code and to pay a fine of Rs. 200/- and in default thereof to further undergo R.I.for two months each and to undergo R.I.for three years under Section 27 of the Arms Act and a fine of Rs. 200/- and in default thereof to undergo R.I.for two months each; Gurdip Singh, Mukhtiar Singh, Atma Singh and Bikkar Singh have been convicted under Section 147 of the Indian Penal Code and sentenced to undergo R.I.for one year; under Section 302 read with Section 149 of the Indian Penal Code to undergo R.I.for life and to pay a fine of Rs. 200/- or in default thereof to undergo R.I.for two months and under Section 307 read with Section 149 of the Indian Penal Code to undergo R.I.for three years and to pay a fine of Rs. 200/- or in default thereof to further undergo R.I.for two months each; all the substantive sentences have, however, been ordered to run concurrently, as also Criminal Revision No. 134 of 1995 preferred by Sandip Singh against the same order acquitting Pala Singh of the charges framed against him.

(2.) Brief facts of the case reveal that murder of Jasbir Singh was reported by Sandip Singh son of the deceased to Inspector Gurmej Singh PW-11 at 7.30 p.m. on 23-10-1993. According to the statement of Sandip Singh, his father Jasbir Singh was done to death by the appellants at 6 p.m. on 23-10-1993 at village Abdul Khurana on the road in the running Mini bus. The F.I.R.mentioned above came to be recorded at 7.30 p.m. on 23-10-1993 and the special report with regard to the incident reached the concerned Magistrate at Gidderbaha on 23-10-1993 at 10.30 p.m. While narrating the events leading to the death of Jasbir Singh the first informant stated that he alongwith his father Jasbir Singh and younger brother Harsharan Singh had come to Malout Mandi for personal work. After getting free at about 5.30 p.m., they reached the Bus stand, near railway crossing for boarding a bus for village Kakhanwali. Sardul Singh son of Hakam Singh of village Kakhanwali and Dial Singh Sarpanch of village Kolianwali met them there. They all then boarded the Mini bus No. PB04-1089 of the Supreme Bus Service, Malout, which plies from Malout to village Kakhanwali. His father Jasbir Singh sat on the second seat behind the driver and Dial Singh and Sardul Singh sat on the seat behind him. His brother Harsharan Singh and he occupied the seat on their left side. As soon as the bus set out from the bus stand, Surjit Singh son of Gurdip Singh armed with .12 double barrel gun; Gurdip Singh son of Kartar Singh empty handed, Manjit Singh son of Pal Singh armed with .12 bore double barrel gun, Atma Singh son of Bahal Singh, Bikkar Singh son of Suraj Singh and Makhtiar Singh son of Kartar Singh, all residents of village Kakhanwali, all empty handed boarded the bus from the rear door. When the bus started and left the bus stop of village Abul Khurana, Surjit Singh and Manjit Singh came near his father Jasbir Singh after making their way through passengers. When the bus covered a distance of 1-1/2 KMs from village Abul Khurana, Atma Singh Bikkar Singh, Mukhtiar Singh and Gurdip Singh all raised a Lalkara exhorting Surjit Singh and Manjit Singh to get ready and not allow Jasbir Singh to go scot free on that day. On hearing this, Surjit Singh fired a shot from his gun which hit his father below the left ear towards the back side. Then Manjit Singh also fired a shot with his gun which hit his father on his back. Gurdip Singh, Mukhtiar Singh, Bikkar Singh and Atma Singh continued raising Lalkara exhorting Surjit Singh and Majit Singh not to let Jasbir Singh go alive on that day. On hearing the report of fire shots, the driver stopped the bus at once and the passengers, driver and conductor got down from the bus and ran towards the fields. His brother Harsharan Singh and he himself also ran towards the field alongwith the passengers. While they were running, the appellants fired shots at them with their respective weapons with intention to kill them. They saved their lives by hiding in cotton (Narma) crop. When the appellants left the spot, they came near the bus and found that their father had succumbed to fire arm injuries. The right side window pane of the bus had broken due to fire shot. After leaving his brother Harsharan Singh and Sardul Singh near the dead body of his father, he alongwith Dial Singh was coming to the police station for lodging the report. When Inspector/SHO met them at Petrol Pump Lambi. The cause of grudge stated by Sandip Singh while lodging the F.I.R.was that his father Jasbir Singh had contested panchayat election against Pala Singh father of appellant Manjit Singh. Pala Singh had lost the election and his father was declared elected. Due to this grudge, the appellants having connived with one another, had murdered his father by firing gun shots at him. Pala Singh son of Dara Singh resident of the village had taken part in the conspiracy of killing his father.

(3.) Death of Jasbir Singh by gun shots was proved by Dr. G.S.Bhullar who appeared as PW-1. He stated that on 24-10-1993 at 6.20 a.m. he conducted post-mortem examination on the dead body of Jasbir Singh and found the following injuries :-