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1. This appeal is instituted against judgment dated 01.02.2007, rendered by learned Additional Sessions Judge, Moga, in Sessions Case No.154 dated 18.09.2000, whereby respondent Sukhwinder Singh alias Binder Singh, who along with co-accused was charged with and tried for the offences punishable under Sections 302/364/342/201/148 read with Section 149 IPC, has been acquitted of the charges framed against him.

2. The case of the prosecution, in a nutshell, is that on 12.03.2000, Hari Singh complainant lodged FIR stating therein that on 11.03.2000 at 6.30 PM, he was irrigating his fields from the electric motor (tubewell). He went near Tibe Wala field, which was at a distance of about two killas from For Subsequent orders see IOIN-CRA-D-789-DB-2007 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 1 of 9 the said electric motor, to divert the water. He noticed Pal Singh son of Anokh Singh armed with toki, Billu son of Mukhtiar Singh armed with sota, Binder Singh armed with kirch, Raja Singh armed with gandasa, Kaka Singh armed with toki, Gurnam Singh armed with kirpan, Kala Singh armed with datar, Gurdial Singh armed with toki and Teja Singh armed with kahi coming from the back side of the electric motor. They raised lalkara. They encircled and caught hold him. In the meantime, his father Banta Singh armed with his 12 bore gun came at the spot and asked the accused in a loud voice what was happening. He was not spared. In order to save him, his father fired a shot in air from his gun. The accused did not spare him. Then, his father again fired shot towards the accused to save him from them. He could not narrate who was hit by the bullet. He was let out by the accused. He ran towards the fields. All the accused over-powered his father Banta Singh with his licensed gun. They took him away with an intention to murder him. He spent whole of the night in the fields. In the next morning, he came to know that his father had not returned since the last evening. He searched for his father. The motive of crime was that for the last about 30 years, they had a dispute with regard to land measuring 2 killas 6 kanalas with the accused party. A case regarding the said dispute was pending in the court of Commissioner, Ferozepur. He accompanied by his brother Harinder Singh went to Police Station Mehna to report the matter. The FIR under Sections 364/342/148/149 IPC was registered. Balwant Singh son of Ram Singh came to Police Station Mehna and told that he had seen the dead body of Banta Singh near the cremation ground of village Kapure. Section 302 IPC was inserted. The dead body of Banta Singh was found lying in the For Subsequent orders see IOIN-CRA-D-789-DB-2007 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 2 of 9 cremation ground. The dead body was sent to Civil Hospital, Moga, for autopsy. The matter was investigated and challan was put up after completing all the codal formalities.

10. PW.2 Harinder Singh deposed that on 11.03.2000, his brother Hari Singh and his father went to the fields for irrigation purpose. His brother Hari Singh informed him about the occurrence. He accompanied his brother to the police station. The dead body of his father was lying in the cremation ground.

11. Mohinder Singh, whose statement was recorded as PW.3 during the trial of co-accused, testified that about three years back, at 8.30 PM, he was returning from his fields to his village after daily routine. His fields were situated on the passage which leads to village Kokariwala. When he reached near the house of Pal Singh accused, he heard noise. Pal Singh, Balbir Singh alias Billu, Teja Singh, Tara Singh, Gurdial Singh were saying that they will not spare Banta Singh, as he had fired a shot at Kaka Singh. Thereafter, he went to his house to take his meals. At about 10.30 PM, he again went to his fields to have a supervision as stray cows used to enter the fields. He was coming back and reached near the cremation ground. He saw Teja Singh, Tara Singh, Gurdial Singh, Pal Singh and Balbir Singh alias Billu accused throwing the dead body of Banta Singh. In cross-examination, he admitted that his statement was recorded after 1 ¾ months of the occurrence. He did not tell any body in the village about the incident till he made the statement before the police.

14. Inspector Satnam Singh was the Investigating Officer. He appeared as PW.10 during trial of the co-accused. According to him, on 12.03.2000 at about 9.30 AM, Hari Singh had made statement Ex.PD. FIR was registered. Subsequently, Section 302 IPC was also inserted in the FIR. He went to the cremation ground, where the dead body of Banta Singh was lying. He prepared inquest report Ex.PB. The dead body was sent for post mortem examination. He prepared rough site plan Ex.PT of the place where the dead body was lying. He lifted simple and blood stained soil after making parcels from the cremation ground. He also recovered one turban and a pair of chappals from the field of Balbir Singh. The accused were produced before him on 12.04.2000. Accused Rajwinder Singh made disclosure statement, Ex.PX, that he had buried a gandasa in the room. He could get it recovered. The gandasa was got recovered by him. Accused Joginder Singh also made a disclosure statement, Ex.PY, on the basis of which a dah was got recovered by him. Accused Pal Singh also made For Subsequent orders see IOIN-CRA-D-789-DB-2007 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 6 of 9 disclosure statement, Ex.PZ, on the basis of which a toki was recovered. The broken 12 bore gun belonging to deceased Banta Singh was also recovered vide Ex.PBB. In his cross-examination, he admitted that gun Ex.P13 was recovered from the divider between the fields of the complainant and Gurdial Singh.

18. It has come during trial of co-accused that the accused party had also received injuries. According to Dr. Ravinderpal Singh, who was examined by the co-accused as DW.1, co-accused Sukhdev Singh had received three injuries on his person. The injuries were dangerous to life. He had noticed penetrating wound on the right side of the chest of Sukhdev Singh. DW.2 Dr. V.J.S. Dhillon in the trial of the co-accused had medically examined Rajwinder alias Raja, Harjinder Singh and Joginder Singh alias Kalu. He had noticed injuries on their persons. Banta Singh had caused fire arm injury to co-accused Sukhdev Singh. Injuries were also inflicted on the persons of co-accused Rajwinder alias Raja, Harjinder Singh and Joginder Singh alias Kalu. Banta Singh had fired two shots at the accused from very For Subsequent orders see IOIN-CRA-D-789-DB-2007 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 8 of 9 close range. The injuries caused to them could result in the death. The accused had the right of private defence. It was not a pre meditated act. Rather, Banta Singh was armed with a gun and he had fired two shots, one in the air and one hit Sukhdev Singh on his chest. The accused had reasonable apprehension that they could be killed by Banta Singh. The respondent was present on the spot, as per the statement of PW.1 Hari Singh. He was also accompanying other co-accused. They all had forcibly taken away Banta Singh. They had wrongfully confined Banta Singh before killing him. They had also tried to destroy evidence by throwing the dead body of Banta Singh in the cremation ground. The respondent with common object of the co-accused had intention to kill Banta Singh. He took away Banta Singh and illegally confined him. Thus, he is liable to be convicted under Sections 304 Part I/364/342/201/148 read with Section 149 IPC.