Criminal Appeal No. – 83-DB of 2002
PUNJAB-HARYANA HIGH COURT
Date of Judgement: 2nd March 2009
Bench: Hon’ble Satish Kumar Mittal J., Hon’ble Daya Chaudhary J.
Relevant Acts/Sections:
- Section 307 IPC (Attempt to Murder)
- Section 302 IPC (Punishment for Murder)
- Section 460 IPC (House-Trespass)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
- Section 120B IPC (Punishment of Criminal Conspiracy)
Branch: Forensic Physics
Backstory
On 07.06.1996 at around 15:30 hours., Inspector Bhulla Singh recorded the statement of Amar Singh in Civil Hospital, Fazilka. Based on Amar Singh’s explanation, a conventional FIR was enrolled at Police Station Sadar, Fazilka.
The concise realities are that Teja Singh was having four children, in particular Kuldip Singh, Amar Singh (injured-complainant), Surjit Singh (accused), and Gurbachan Singh (accused). The deceased Teja Singh was claiming 5 ¾ killas of land in village Mahuana Bodla, Tehsil Fazilka, District Ferozepur. This 5 ¾ killas of land was given by Teja Singh to his two sons Kuldip Singh and Amar Singh. As a result of the improper character of Surjit Singh and Gurbachan Singh were excluded by Teja Singh from his property. Surjit Singh and Gurbachan Singh were dwelling in town Sardargarh, Rajasthan because Surjit Singh had killed his wife other around 18/19 years earlier.
In the statement, besides the above realities, Amar Singh stated that on 06.06.1996/07.06.1996 night, he and his wife Paramjit Kaur along with Teja Singh were sleeping. At around 12:30 A.M., a .12 bore pistol was held by Surjit Singh in his right hand, Gurbachan Singh equipped with hockey, joined by one other individual aged around 25/30 years, outfitted with a blade, went to their home by jumping over their wall. When Teja Singh was resting close to the face, Surjit Singh made a fire shot. Gurbachan Singh and other individuals with their separate weapons attempted to deliver wounds to Teja Singh. Surjit Singh shot at Amar Singh on his right arm and right flank. Then Jathedar Joginder Singh, resident of the village, on 07.06.1996 at around 1:30 A.M., took Amar Singh to Civil Hospital, Fazilka for treatment. The dead body of Teja Singh was lying in the house and later forwarded it for a post-mortem examination.
The police visited the spot and recovered cot, Pallets and Wads, upper portion of the hockey stick, empties of .12 bore, one piece of cloth, one nylon chappal, wristwatch. On 11/12, June 1996, Gurbachan Singh and Balwant Singh s/o Arjan Singh were arrested. From the personal search of accused Balwant Singh, son of Arjan Singh, one country-made gun; of .12 held on for four live cartridges were recovered, and therefore, during cross-examination, he additionally recovered a nylon chappal of the right foot. The recovered materials were forwarded to the Forensic Science Laboratory.
Postmortem Report
Dr. Ajay Kumar Narang on 07.06.1996 at 09:30 A.M., conducted a post-mortem examination of Teja Singh and in his opinion injuries were caused by a firearm and blunt weapon, and sharp-edged weapon. He opined that the cause of death was due to shock and hemorrhage. All the injuries were found to be antemortem.
Forensic Report
The Deputy Director (Forensic Physics) Forensic Science Laboratory, Punjab, Chandigarh, examined the accused Gurbachan Singh weapon handle of hockey, was found to have an ideal mechanical fit with the broken portion of stick handle attached to hockey blade and recovered from the crime scene. According to the report of the Deputy Director (Ballistics) FSL, on the examination of two cartridges wire fired from a .12 bore pistol.
Judgement
Surjit Singh has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,500/- under Section 302 IPC for murdering his father (Teja Singh).
Balwant Singh and Gurbachan Singh have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- under Section 302 IPC read with Section 34 IPC.
Surjit Singh, Gurbachan Singh, and Balwant Singh undergo rigorous imprisonment for ten years and to pay Rs. 1,000/- under Section 460 IPC for committing lurking house-trespass.
Surjit Singh, undergo rigorous imprisonment for ten years and to pay Rs. 1,000/- under Section 307 IPC for and attempt to commit murder.
Balwant Singh and Gurbachan Singh have been convicted and sentenced to undergo imprisonment for three years and to pay a fine of Rs. 1,000/- under Section 307 IPC read with Section 34 IPC.