JAGJIT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of the above mentioned Criminal Appeal No. 154-DB of 1995 filed by the appellants against the judgment and order dated 16.3.1995 passed by the Additional Sessions Judge, Faridkot, convicting the accused-appellants Jagjit Singh and lqbal Singh under Section 302-IPC, and the accused-appellant Gurmail Singh under Section 302 read with Section 34, IPC, and sentencing them to undergo imprisonment for life and to pay fine of Rs. 1000/- each and also convicting all the three accused-appellants under Section 307 read with Section 34, IPC, and sentencing them to undergo RI for 5 years and to pay fine of Rs. 500/- each and directing the substantive sentences to run concurrently. It shall also dispose of the above mentioned Criminal Revision No. 421 of 1995 filed by Hukam Singh complainant for the enhancement of sentence and for payment of compensation. This judgment shall also dispose of above mentioned Criminal Appeal No. 155-DB of 1995 filed by accused-appellant Iqbal Singh convicting and sentencing him for the offence punishable under Section 25 of the Arms Act.

(2.) As per the prosecution allegations Hukam Singh, P.W. made statement Ex. PE on 25.11.1991 before S.I. Kuljit Singh to the effect that Swaran Singh deceased was his son and that on that day at about 7.30 A.M. his son Swaran Singh deceased along with his brother Major Singh P.W. had come to the fields on their tractor for cultivating the land. At about 9.40 A.M., he (Hukam Singh PW) had also come to the fields with their meals and at that time Major Singh P.W. was working in the fields with a Kassi while Swaran Singh deceased was ploughing the fields with the tractor. On reaching there he called Swaran Singh to stop the tractor and to come there where Major Singh P.W. was working and thereupon, both Major Singh P.W. and Swaran Singh deceased started taking meals while he (Hukam Singh PW) sat near them. After taking his meals Swaran Singh deceased started proceeding towards his tractor while they both the brothers (Hukam Singh and Major Singh) were still sitting there. In the meanwhile a green coloured Jeep came there from village side and two persons namely accused Jagjit Singh alias Jeeta who was armed with a .12 bore gun and accused lqbal Singh who was armed with a rifle alighted from there. They proceeded towards Swaran Singh deceased while the person who was sitting in the jeep with muffled face raised a Lalkara that they should not be allowed to remain alive and he (Hukam Singh PW) recognized that person from his voice being accused Gurmail Singh resident of his village. It was further alleged that when Swaran Singh turned his face backward, both the accused namely Jagjit Singh alias Jeeta and Iqbal Singh started firing with their respective weapons, as a result of which his son Swaran Singh deceased fell down on the ground and he (Hukam Singh) and his brother Major Singh raised raula that he should not be killed. The accused also fired towards them and thereafter the accused ran away towards Southern side with their respective weapons and after covering a distance of 17/18 Karams, the accused unloaded the .12 bore gun and loaded two cartridges in it while accused Gurmail Singh fled away with the jeep towards the village. It was alleged that the grudge between them was that some time back, they had exchanged hot words with each other and they were not on visiting terms. A few days back also there was exchange of hot words between Swaran Singh deceased and accused Jagjit Singh and on that account all the three accused had killed his son Swaran Singh. It was further alleged that they both brothers (Hukam Singh and Major Singh) had earlier concealed themselves in the adjoining Narma fields and now after leaving P. Pal Singh who had reached the spot from the adjoining fields, near the dead body of Swaran Singh, they were going to lodge the report with the police when the police met them in the area of village Jhandiana.

(3.) S.I. Kuljit Singh, after recording the statement Ex. PE at 12.30 P.M., sent the same to the Police Station along with his endorsement Ex. PE/l, on the basis of which formal F.I.R. Ex. PE/2 was registered in Police Station Sadar, Moga at 1.30 P.M. on 25.11.1991 for the offence under Sections 302/307/34, IPC and under Section 25/27 of the Arms Act. The special report had reached the Judicial Magistrate Moga, at his residence at 4.55 P.M. on the same day i.e. 25.11.1991, as per endorsement on the F.I.R. Ex. PE/2.