STATE OF PUNJAB Vs. BASHAMBER SINGH

JUDGEMENT

(1.) SEVEN persons namely Bashamber Singh, his two sons Gurnam Singh and Satnam Singh, Harjit Singh, Bhagwan Singh, Gurwinder Singh and Jaswinder alias Dimple were sent up by the police of P.S. Kotwali, Ludhiana for facing trial under Sections 148/149/302/307 of Indian Penal Code and Section 27 of the Arms Act. They were tried in Sessions case No. 31 of 6.8.1996 for the said offences by the learned Additional Sessions Judge, Ludhiana. After full dressed trial of the seven accused they were acquitted of the charges framed against them by a detailed judgment dated 9.5.1998. State being dissatisfied with the said decision has come to this Court with an application under Sub- section (3) of Section 378 of Code of Criminal Procedure for permission to file appeal.

(2.) BRIEF facts of the case as stated by Samarjit Singh, PW-3 in his statement Exhibit PF made before the police are that on 26.3.1996 at about 4.30 p.m. he alongwith Narinder Singh, Tejinder Singh and Raman Kumar were present in their office in Ghumar Mandi, Ludhiana. An information was received in the office that Bashamber Singh was unauthorisedly constructing a room in their plot. At this Samarjit Singh, Narinder Singh, Tejinder Singh and Raman Kumar went in a Maruti car at about 5.16 p.m. to the plot in Chander Nagar. On reaching there they found that Bashamber Singh armed with revolver, Satnam Singh armed with Kirpan, Gurnam Singh armed with pistol, Dimple @ Jaswinder Singh armed with gandasi, Harjit Singh armed with 12 bore gun, Gurwinder Singh armed with gun were present there. Narinder Singh. PW-4 asked Bashamber Singh accused as to why he was encroaching upon the plot. Bhagwan Singh raised lalkara "Far Lao, Bach Ke Na Jan". Then Bashamber Singh fired with his revolver which hit Samarjit Singh below his left shoulder on the chest. Gurnam Singh fired a pistol shot, which hit him below right shoulder on the chest. Gurwinder Singh, Harjit Singh and Bhagwan Singh accused fired with their 12 bore guns causing injuries to Narinder Singh, Raman Kumar and Tejinder Singh. They raised alarm "Mar Ditta, Mar Ditta" but they were encircled by Satnam Singh and Jaswinder Singh. Then the accused ran away from the spot with their respective weapons. The injured were removed to the hospital where the statement Exhibit PF of Samarjit Singh was recorded at 9.30 p.m. Later on Tejinder Singh injured succumbed to the injuries on 29.3.1996. After registration of the case FIR, Exhibit PF/1 investigation was completed, challan was presented. All the accused pleaded not guilty to the charges under Section 148/302/307/149 IPC and under Section 27 of the Arms Act. Prosecution examined as many as 14 witnesses. A large number of documents were also produced in evidence in support of the prosecution version. When examined under Section 313 Cr.P.C. all the accused denied the allegations of the prosecution. Bashamber Singh accused stated that he and his son Gurnam Singh were apprehended by the police on the same day while Satnam Singh was confined to bed. He was also taken into custody on the same day and not on 31.3.1996 as alleged by the prosecution. He took the stand that it was a false case. He was innocent. He alongwith Bhagwan Singh had entered into an agreement with Gurmit Singh, Charanjit Singh and Bal Kishan and that they (accused party) were in possession of the plot since December 1994 and they had raised boundary wall and had installed an iron gate. Gurwinder Singh accused stated that it was a false case. He was innocent. Plot in question belonged to his maternal uncle. Bashamber Singh and Bhagwan Singh had purchased the same from Gurmit Singh three years back and since 1994 they were in possession of the plot and had constructed boundary wall and had fixed iron gate. On 26.3.1996 at about 5/5.15 p.m. he alongwith others were present in the said plot and his uncle Bashamber Singh and his son Gurnam Singh had gone to Ludhiana City and Harjeet Singh was also not present there, wheres Satnam Singh was confined to bed at his house. In the meantime Narinder Singh, Samarjit Singh, Tejinder Singh, Raman Kumar armed with fire arms like revolver, guns and pistol came there and started firing in order to kill them and take possession of the plot as a result of which he and others present in the plot were injured. Narinder Singh and others continued firing and they would have surely murdered them and in right of private defence of persons and property he fired shots from his licensed gun. Thereafter, he went to police station and met SI Gurinderjit Singh and narrated him the incident that Narinder Singh and others had come prepared armed with fire arms in order to take possession of plot of Bashamber Singh and Bhagwan Singh and Narinder Singh and others fired shots from their arms and he also told the SI that in right of his private defence, he also fired and SI Gurinderjit Singh put him off asking him to get himself medically examined and then he went to Civil Hospital, Ludhiana where he was medically examined and then he was admitted in the hospital. He further stated that in fact the PWs have relations with higher police officials and the police had carried out one-sided investigation. Gurnam Singh put forth the version that he being son of Bashamber Singh had been arrested, who alongwith Bhagwan Singh had entered into an agreement with Gurmit Singh, Charanjit Singh and Bal Kishan and that agreement was reduced into writing and they were in possession of the plot since December, 1994. Satnam Singh accused denied the allegations of the persecution stating that in this case FIR was registered at a later stage under mysterious circumstances in connivance with relations of Narinder Singh who is Inspector of police and others. He further stated that khasra Nos. 656 and 660 belonged to the government where Budda Nala flows. In fact the plot in question falls in khasra Nos. 65, 66 and 67 of village Mahal Bhagat which was in their possession for the last three years. According to him he alongwith others was falsely implicated in this case being the son of Bashamber Singh. He met with a road accident and received injuries. Doctor had advised him complete bed rest and not to move about. Bhagwan Singh accused pleaded his innocence and false implication in this case. He stated that prosecution witnesses were interested and formed one group and they were engaged in land grabbing and other criminal acts. According to him Narinder Singh, PW was armed with revolver and Paramjit Singh, Tejinder Singh and Raman Kumar vicariously (variously ?) armed arrived at the spot where he had just reached. Gurvinder Singh @ Banti, Jaswinder Singh @ Dimple were also present there. Narinder Singh and his companion were responsible for initiating aggression. He, Gurvinder Singh and Jaswinder Singh alias Dimple were caused injuries with fire arms by Narinder Singh and his companions. He further stated that they would have surely murdered them (accused party) but for effective defence. The bullet shot fired from the revolver of Narinder Singh hit him on his right hand and got embedded therein. His injuries were later on subjected to CT Scanning at Gee Diagnostic Centre. The bullet remained embedded in his hand till 12.6.1996 and it was extracted by Dr. Subhash Batta, Surgical Specialist, Civil Hospital, Ludhiana. Jaswinder Singh, accused took up the stand that on 26.3.1996 at about 5.30 p.m. he was passing through the place while going to Jalandhar Bye Pass on his scooter when a bullet hit on his lower portion of the left leg. The wound started bleeding and after wrapping it with a piece of cloth he went to his house on scooter. When the injury started swelling causing great pain to him and he felt difficulty in walking he went to Civil Hospital on 27.3.1996 at about 1.00 p.m. and was got medically examined there. He remained admitted in the hospital upto 2.4.1996 and thereafter he was discharged.

(3.) WE have heard Sh. S.S. Dhaliwal, DAG Punjab and have carefully considered and scanned the judgment under attack.