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Factual background

8. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex.PJ is assigned. The informant one Ujagar Singh (PW-7) has made narrations thereins that he is resident of village Reharwan and is an agriculturist. He has got four sons and one daughter. On the date of occurrence i.e. 14.10.99 at about 6.00 P.M. he alongwith his son Shingara Singh (since deceased) were present at bus stop of Poonian and were repairing their vehicle. In the meanwhile, a Tata Mobile 207 of slightly blue colour, came from the side of Mandi Poonian which was driven by accused Shinder son of Sucha Singh. Accused Sukhdev Singh alias Deba son of Sucha Singh armed with 4 of 27 Neutral Citation No:=2024:PHHC:118911-DB CRA-D-603-DB-2003 and connected cases -5- .315 bore rifle and Dhalwinder Singh alias Bhinder son of Resham Singh armed with gun were sitting in the said vehicle. They stopped the said vehicle near the complainant and pulled the son of the complainant. Accused Deba gave a .315 rifle blow with 3-4 shots which hit Shingara Singh, the son of the complainant, as a result of which he died at the spot. They went from the spot while stating that they had taken the revenge of the death of Jeeta. They were followed by one Gypsy driven by Satnam Singh son of Banta Singh. In the said Gypsy, their brother Resham Singh, Sucha Singh and Swaran Singh son of Banta Singh were sitting. They followed the previous vehicle by raising lalkaras. The colour of the said Gypsy was white and at that time Neeta Pandit resident of Poonian and Shinda son of Sarwan of Poonian was also present, who witnessed the occurrence. They were deputed to guard the dead body. Thereafter, a mini bus was taken by the complainant for going to his house to give information. In the meanwhile, when he reached near the house of Comrade Charanjit Singh, he heard the noise of weeping of the ladies and when the complainant reached near the house of Charanjit Singh, he found his other son Balkar Singh lying dead. His wife Gian Kaur told the complainant that Balkar Singh (deceased) was coming on his scooter and his wife Narinder Kaur was also sitting near the gate and then a Tata Mobile of slight blue colour driven by accused Shinder son of Sucha Singh on which Sukhdev Singh alias Deba and Jaswinder alias Bhinder were sitting armed with gun. While they were saying that 5 of 27 Neutral Citation No:=2024:PHHC:118911-DB CRA-D-603-DB-2003 and connected cases -6- Balkar Singh should not be spared, then Balkar Singh in order to save himself left his scooter and entered the house of Comrade Charanjit Singh. Accused Deba and Bhinder followed him and accused Deba gave a gun blow at Balkar Singh which hit on his back and head, as a result of which he died. The accused raised lalkaras and went in the same vehicle and one white gypsy driven by Satnam Singh had also come there in which Sucha Singh Sarpanch, Swaran Singh and Resham Singh were raising lalkaras and went towards the market. At that time Balkar Singh's son Ranjodh Singh aged about 4 to 5 years, who used to come to the house of Comrade Charanjit Singh to get tuition was also present there.

When I reached near the house of Charanjit ladies were standing, at that place and all of them were weeping. I found that Balkar was lying killed at that place. My wife Gian Kaur and my daughter in law Davinder Kaur were present at that place. My wife Gian Kaur told me that Deba, Bhinder and Chinder had come there and that they fired at Balkar Singh and killed him. I was asked where Shingara Singh was and I told that he was also killed.

About 2/3 month before the present occurrence, the police had recovered poppy husk from the possession of the accused. The accused were present inside the house at that time and they fired from 9 of 27 Neutral Citation No:=2024:PHHC:118911-DB CRA-D-603-DB-2003 and connected cases -10- inside whereas police fired from outside. In that firing two members of accused party were killed. FIR was registered about that encounter. Shingara Singh and Balkar Singh ware falsely implicated in that encounter and were released on bail. The accused party had the apprehension that we were instrumental in getting the raid conducted at their house by the police.

I had state in my statement before the police that when I reached near the house of Charanjit, I was told by my wife Gian Kaur that Deba, Bhinder and chhinder accused had come there and they fired at Balkar Singh and killed him. (attention of the witness is drawn towards his statement Ex.PJ and he is confronted with portion D to D1 thereof wherein it is recorded that he was told by his wife that only Deba fired gun shot from his gun at Balkar Singh which hit him on his back and head causing his death at the spot). xxxx xxxx "

24. Be that as it may, subsequent to the murder of Shingara Singh occurring at the crime site, the said witness moved towards another crime site, where the murder of Balkar Singh became committed. The said murder was witnessed by Narinder Kaur wife of Balkar Singh, who stepped into the witness box as PW-10. The contents of the examination-in-chief, as rendered by PW-10 are ad verbatim extracted hereinafter.

"On 14.10.99 at about 6.15 р.m. I myself alongwith my mother in law Gian Kaur were present by the side of gate of Charanjit Singh of our village. My husband Balkar singh was coming on a scooter from the side of well. After him two vehicles one Tata Mobile of blue colour and other gypsy of white colour were coming. The former vehicle was being driven by Chhinder and Deba and Bhinder were sitting in it. All of them are the accused present in the court today. Bhinder is also known as Dharminder and Deba is also known as Sukhdev. At that time both of them were armed with guns of 315 bore. The gypsy was being driven by Satnam Singh, Sucha Singh, Swaran Singh and Resham Singh were sitting in the same. The occupiers of gypsy jeep raised a lalkara that Balkar Singh be not allowed to go and that they were to take revenge of Ranjit Singh alias Jita. Balkar Singh took the scooter and entered the house of Charnjit Singh. Deba and Bhinder jumped out of the vehicle and followed Balkar Singh by 14 of 27 Neutral Citation No:=2024:PHHC:118911-DB CRA-D-603-DB-2003 and connected cases -15- entering into the house of Charanjit Singh. They fired at Balkar Singh From their guns. After that they escaped towards Mand by saying that they have taken revenge of Jeeta. Balkar Singh died at the spot. Ranjodh Singh was present at the spot who was studying there. My father in law Jagar Singh came to the spot. I narrated whole of the incident to him. He told me that shangra Singh at had also been killed by Deba and his party. The police recorded my statement in this case. The accused were known to me previously also as they were related to us."