Punjab-Haryana High Court
Satwant Singh And Anr. vs State Of Punjab on 9 February, 2006
Equivalent citations: 2006CRILJ2335
Author: Mehtab S. Gill
Bench: Mehtab S. Gill, Uma Nath Singh
JUDGMENT Mehtab S. Gill, J.
1. This is an appeal against the judgment of the Sessions Judge, Ludhiana whereby he convicted appellant Satwant Singh son of Harcharan Singh and Surinder Singh alias Shingara Singh son of Darshan Singh under Section 302 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for life. A fine of Rs. 2000/- each was imposed, in default to further undergo rigorous imprisonment for three months. Further they were convicted under Sections 25 and 27 of the Indian Arms Act, 1959 and were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- each and in default thereof, to undergo rigorous imprisonment for two months.
2. The prosecution case is unfolded by the statement Ex.PA of Kartar Singh given to Joginder Singh SI/SHO, Police Station Sadar Ludhiana at Phulanwal Chowk on 1-3-1998. Kartar Singh stated that he is a resident of village Dadd. He is working as an agriculturist and is also a property dealer. He has four sons. Elder was Dalwinder Singh alias Jagga, who used to work with him. On 1-3-1998 at about 4.30 p.m. complainant Kartar Singh and his younger son Jaswlnderpal Singh were sitting on the roof of their office on the Pakhowal road, Ludhlana. His elder son Dalwinder Singh alias Jagga and Munshi (Clerk) Avtar Singh were sitting on chairs in the park. A Maruti car, white in colour came and stopped near their office. Gurmel Singh alias Billu and his younger brother Satwant Singh, armed with .12 bore double barrel guns and his nephew Shingara Singh, armed with .12 bore double barrel gun, got down from the car. Gurmel Singh alias Billu raised a lalkara, that he (Dalwinder Singh) should now get ready and today he is not going to be left alive, for causing injuries to them. Dalwinder Singh got up from his chair and started running. Satwant Singh then fired a shot at Dalwinder Singh, which hit him on the back, below the shoulder blade on the right side. As a result of the gun shot injuries, Dalwinder Singh fell down. While lying down, he raised his hands and pleaded that he should not be killed. Thereafter, Shingara Singh fired a shot with his .12 bore double barrel gun, which hit Dalwinder Singh on his left little finger. In the meanwhile, Gurmel Singh alias Billu fired a shot from his double barrel gun, which hit Dalwinder Singh on the right side of his face. An alarm was raised by the complainant and Jaswinderpal Singh. Appellants and accused Gurmel Singh alias Billu then fired shots towards them. Thereafter, they boarded the maruti car and fled away towards Pakhowal, along with their respective weapons. Dalwinder Singh died due to the fire arm injuries on the spot. The motive for the commission of the offence was that Gurmel Singh alias Billu had contested for the post of Sarpanch, in the panchayat elections and had lost the elections to complainant Kartar Singh. On 4-10-1997 accused Gurmel Singh alias Billu had sustained fire arm injuries. He suspected that the incident of firing on 4-10-1997 was done by the complainant. A case was registered against complainant Kartar Singh at Police Station Sarabha Nagar, Ludhlana, on the statement of accused Gurmel Singh alias Billu.
3. Prosecution to prove its case brought into the witness box complainant Kartar Singh as PW-1, Avtar Singh as PW-2, Harminder Singh Draftsman as PW-3, H. C. Darshan Singh as PW-4, Gurpreet Singh alias Pinkey as PW-5, Baldev Singh as PW-6, H. C. Manohar Lai as PW-7, C. Amarjit Singh as PW-8, C. Hardev Singh as PW-9, H. C. Baldev Singh as PW-10, C. Narinder Pal Singh as PW-11, Dr. Ashok Raswant Singh as PW-12, Rajinder Sharma as PW-13, S. I. Joginder Singh as PW-14, DSP Dilbagh Singh as PW-15, C. Gurdip Kumar as PW-16 and ASI Bant Singh as PW-17.
4. Learned Counsel for the appellants has argued that presence of the alleged eye-witnesses i.e. complainant Kartar Singh PW-1 and Avtar Singh PW-2 is highly doubtful. These witnesses have been introduced after consultation and confabulation had taken place. The murder of Dalwinder Singh is a blind murder. Occurrence had taken place on 1-3-1998 at 4.30 p.m. FIR Ex. PL was recorded on the same day at 6.30 p.m. Special report was delivered by C. Narinderpal Singh PW-11, to the Judicial Magistrate 1st Class at Ludhiana on 2-3-1998 at 7 a.m. There is an unexplained delay of 14 hours, between the time of occurrence and the delivery of the special report. It has come in the evidence of Kartar Singh PW-1, Avtar Singh PW-2 and S. L. Joginder Singh PW-14 that a dog squad had been requisitioned. If it was a case of an eye-witness account, there was no need to requisition a dog squad. S. I. Joginder Singh PW-14, has in his testimony stated that a dog squad is requisitioned, in cases of blind murder, tracing out theft cases, tracing out the accused persons and also knowing the direction to which the culprit had gone. As per the prosecution, Kartar Singh PW-1 and Avtar Singh PW-2 had witnessed the occurrence. In FIR Ex.PL, the name of the appellants has been mentioned. It has also been stated in the FIR that the appellants fled away in a Maruti car. With these circumstances, there was no need to requisition a dog squad. In fact at that moment of time, S. I. Joginder Singh PW-14, the Investigating Officer did not have the name of the appellants. The alleged eyewitnesses Kartar Singh PW-1 and Avtar Singh PW-2 were not present when Dalwinder Singh was murdered. No empties have been recovered from the place of occurrence.
5. Learned Counsel has further argued that Kartar Singh PW-1 has stated, in his testimony, that he was provided with a gunman. As per the prosecution on the day, when the occurrence had taken place, the gunman of Kartar Singh PW-1, was not with him. This also shows that Kartar Singh PW-1, was not present at the time when Dalwinder Singh was murdered. Avtar Singh PW-2 is the Munshi (Clerk) of Kartar Singh PW-1. He is in the pay roll of the complainant. He is an interested witness. Statements of both Kartar Singh PW-1 and Avtar Singh PW-2 have been improved, to suit and concur with the medical evidence. In the First Information Report Ex. PL, it comes out, that the appellants fired three gun shots. Going through diagram Ex.PJ/1 of the seat of injuries, it comes out that there are six gun shot injuries on the person of the deceased. The dimensions of the injuries are all different in nature. Medical evidence does not corroborate the ocular account. Motive as per the prosecution case, is that the appellant party was aggrieved that Kartar Singh PW-1 had been elected as a Sarpanch, defeating accused Gurmel Singh alias Billu. In fact the appellants have been falsely implicated, as there was a dispute between the appellants and the complainant party, whereby accused Gurmel Singh alias Billu had filed an FIR under Section 307, IPC against Kartar Singh PW-1. In fact Dalwinder Singh had been murdered by some unknown persons. Kartar Singh PW-1 due to past enmity has falsely implicated the appellants.
6. Learned Counsel for the State has argued that injury No. 2, which has the dimension of 3'/2" x 2", had two pellets and two pieces of wads inside, which were taken out by the doctor, who performed the post mortem. This is the reason that this injury has a larger dimension than the other injuries. Injuries Nos. 2, 3, 4 and 5 are by a single shot. In fact the appellants fired three shots at the deceased, with a L.G. cartridge and the other three shots were fired in the air, to scare away the complainant. There is no delay in the lodging of FIR Ex. PL and of sending the special report to the J.M.I.C. Ludiana. Occurrence had taken place at 4.30 p.m. and by 8 p.m. the body of the deceased, along with the copy of the FIR Ex. PL, copy of the inquest report Ex.PM and other relevant documents/papers had reached the doctor. This has been acknowl edged by Dr. A. Ashok Raswant Singh PW-12, in document Ex.PK. It is thereafter, that the special report reached the JMIC Ludhiana on 1-3-1998 at 8.10 p.m. The appellants have been specifically named in FIR Ex.PL, weapons of offence and the injuries attributed to the deceased have also been spelt out in the FIR by Kartar Singh PW-1. He has also stated that Avtar Singh PW-2 witnessed the occurrence. The dog squad was summoned by the Investigating Officer S. L. Joginder Singh PW-14, was not due to the reason that he did not know the name of the appellants, but was only a cautious move on the part of the Investigating Officer, to verify as to how many other assailants, apart from the appellants, participated in the crime.
7. We have heard the learned Counsel for the parties and perused the record with their assistance.
8. Diagram Ex. PJ/1 showing the seat of injuries, show that six shots were fired by the appellants and their co-accused Gurmel Singh alias Billu, Dr. Ashok Raswant Singh PW-12 while preparing the post mortem report on 2-3-1998 at 9.30 a.m., found six injuries on the person of the deceased. Injury No. 2 has a dimension of 3 1/2" x 2". Two wads and two pellets were extracted from this injury. Injuries Nos. 3 and 4 are smaller in dimension, they being of 1/2 x 1/2 each and injury No. 5 is having a dimension of 1" x 1 3/4". Dr. Ashok Raswant Singh PW-12 in his opinion Ex. PN/1 has opined on the application Ex.PN, that injuries Nos. 2, 3, 4 and 5 are possible with a single shot fire of a L. G. cartridge. The other two shots fired by the appellants are injuries Nos. 1 and 6. It is clear from the medical evidence and the opinion given by Dr. Ashok Raswant Singh PW-12, that three shots were fired at deceased Dalwinder Singh. The other shots fired by the appellants were at Kartar Singh PW-1, who was sitting on the roof of his office along with his son Jaswinderpal Singh, in order to scare them, so that they did not come to the help of Dalwider Singh, As per the opinion of the doctor, some of the injuries had blackening around their margins. Deceased was shot at a very close range. Deceased was fired upon at not more than a distance of 2/3 feet. Medical evidence in fact corroborates the ocular account as unfolded by Kartar Singh PW-1 and Avtar Singh PW-2.
9. Occurrence had taken place on 1-3-1998 at 4.30 p.m. FIR Ex.PL came into existence at 6.30 p.m. and the special report reached the JMIC Ludhiana on 1-3-1998 at 8.10 p.m. Before the special report had reached the JMIC Ludhiana as per document Ex.PK, the dead body of Dalwinder Singh had reached the hospital i.e. on 1-3-1998 at 8 p.m. As per opinion ExPK/1, which is dated 2-3-1998 at 9 a.m., the post mortem on the dead body was performed at 9.30 a.m. It is clear from document Ex.PK that the FIR Ex.PL along with inquest report Ex.PM and the other relevant papers were in the possession of the doctor in Civil Hospital, Ludhiana at 8 p.m. on 1-3-1998. No tampering could have been done with the FIR thereafter. It is thereafter, that C. Narinder Pal Singh PW-11 delivered the special report to the JMIC Ludhiana. In his affidavit Ex.PW-11/A, C Narinder Pal Singh PW-11 has stated, that he handed over the special report to the JMIC, Ludhiana at 8.10 p.m. on 1-3-1998. He rang the bell and was asked by the JMIC, Ludhiana, to push the FIR inside the room from under the door. He has categorically denied that he did not deliver the special report on the next day i.e. on 2-3-1998 at 7 a.m., but has stated that he delivered the report to the JMIC, Ludhiana on 1-3-1998 in the night. This witness has stood the test of cross-examination and has categorically stated, that he delivered the special report on 1-3-1998 at 8.10 p.m. to the JMIC, Ludhiana. JMIC, Ludhiana made endorsement on 2-3-1998 at 7 a.m. Delay has been adequately explained by the prosecution. In fact, there is no delay in the lodging of the FIR.
10. Testimony of the eye-witnesses Kartar Singh PW-1 and Avtar Singh PW-2 could not be impeached during their cross-examinations. Both these witnesses have stated that on 1-3-1998 at 4.30 p.m., Kartar Singh PW-1 was sitting along with his son Jaswinderpal Singh on the roof of their office. Deceased Dalwinder Singh alias Jagga and Avtar Singh PW-2 were sitting on chairs in the lawn. A white Maruti car came, from which accused Gurmel Singh alias Billu and the appellants came out, all armed with . 12 bore double barrel guns. Thereafter, the appellants opened fire. Deceased Dalwinder Singh received gun shot injuries from the appellants and accused Gurmel Singh alias Billu. This occurrence was witnessed by both Kartar Singh PW-1 and Avtar Singh PW-2. The motive for commission of the offence is very strong. Accused Gurmel Singh alias Billu had fought election of Sarpanch against Kartar Singh PW-1 and had lost the election. Appellants along with accused Gurmel Singh alias Billu did not relish it. With this grudge in mind, they attacked Dalwinder Singh the son of Kartar Singh PW-1. Previously on 4-10-1997 accused Gurmel Singh alias Billu had received gun shot injuries from some unknown persons, He got a false case registered in Police Station Sarabha Nagar, Ludhiana against the complainant. It has come in evidence of Kartar Singh PW-1 and Avtar Singh PW-2, that the first shot was fired by appellant Satwant Singh from a distance of 50 to 60 feet. It is thereafter that Surinder Singh alias Shingara Singh came near, at a distance of 2 feet from the deceased and then fired a shot at him. Accused Gurmel Singh alias Billu fired another shot from a distance of one foot. Satwant Singh appellant also fired a shot from a distance of 2/3 feet. Appellants did not reload their guns, so question of empties falling on the ground did not arise. Both these eye-witnesses Kartar Singh PW-1 and Avtar Singh PW-2 are natural witnesses. Kartar Singh PW-1 was sitting on the roof of his office and Avtar Singh PW-2, his Munshi (Clerk) was sitting in the lawn below, in front of his office. Both these witnesses corroborate each other inter se. Medical evidence also corroborate the other ocular account. Learned Counsel for the appellants has laid a lot of stress that a dog squad had been requisitioned, meaning thereby that in fact it was a blind murder, the police was in the dark and they wanted to trace the foot steps of the unknown persons, who had murdered Dalwinder Singh. Kartar Singh PW-1 and Avtar Singh PW-2 did not witness the occurrence. This argument of the learned Counsel for the appellants does not cut much ice. PW-14 Investigating Officer S.I. Joginder Singh summoned the dog squad for the reason that he was being in extra cautious, to see as to whether there were more than the three persons already named in the FIR, who had committed the offence. He wanted to collect any evidence that the appellants or their co-accused had left behind. Statements of Kartar Singh PW-1 and Avtar Singh PW-2 are cogent, truthful and convincing, in their testimony before the Court.
11. As per observations and discussions made above, we do not find any infirmity in the judgment of the learned trial Court. Appeal is dismissed.
12. If the appellants are on bail, they are directed to surrender before the C. J. M. Ludhiana to undergo the remaining part of their sentence.