MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Crl. A.No. 401-DB of 1995, Crl. A. No. 444-DB of 1995 and Crl. R.No. 794 of 1995 as all these arise out of the common judgment.

(2.) This criminal case relates to the death of one Shri Pritoo and injuries to Joginder Singh, Swami Darshan, and Ruldu with fire arm alleged to have been caused by four persons, namely, Mohinder Singh, alias Fauji Kulwant Singh, Chhindi and Balbir Singh.

(3.) There already existed a built up Dharamshala of Balmikis sin village Mallian Khurd, within the area of Police Station, Nakodar. The roof of this building was giving way. When the members of the Panchayat of the village collected at the Dharamshala itself on 14.2.1993, around 8.15 A.M., Mohinder Singh alias Fauji appellant-accused came in the vicinity of the area and parked his scooter bearing No. PBL 08-8801. The other three co-accused mentioned above also joined him with the common intention to prevent a move to repair the roof of the said Dharamshala. Mohinder Singh alias Fauji declared that he was not going to allow any alteration in the roof so as to improve its condition. Kulwant Singh and Balbir Singh his co-accused raised the lalkara and invited Mohinder Singh alias Fauji to resort to violence while Chhindi accused allegedly handed over the cartridges one by one to Mohinder Singh who from his double barrel gun fired at Pritoo which hit in his month and the bullet was through and through his body thereby killing him and in this way he fired some other shots from his gun hitting Joginder Singh, P.W.2, Ruldu P.W.3, Swami and Darshan. The last shot was fined in the air. Besides the aforesaid injured Sohan Singh, P.W.1, Sarpanch of the village and others were present on the scene of occurrence. The assailants took to their heels.