The said young man was identified later as Charanjit Singh and the other young man with a patka accompanying Charanjit Singh was identified as Jaswinder Singh.
On companypletion of the investigation he submitted charge sheet against Charanjit Singh, Jaswinder Singh, Balbir Singh, Avtar Singh and Amarjit Singh.
The defence examined the witness Satnam Singh as DW 1.
The police companyld, however, arrest only Charanjit Singh, Jaswinder Singh and Balbir Singh initially.
Then Jasbir Singh alias Tota asked the companyplainant to bring tea for those persons and the companyplainant went inside the house to tell the mother of Jasbir Singh alias Tota to prepare tea.
Later on Amarjit Singh was also arrested and his supplementary challan was presented and companymitted to the companyrt.
During the companyrse of hearing learned companynsel appearing for the parties submitted before us that to their information Charanjit Singh has number filed any appeal and only accused Jaswinder Singh has filed the present appeal.
Jasbir Singh, the deceased died on way to the hospital and accordingly his post mortem was companyducted in the hospital whereas Jasprit Singh, the companyplainant was medically examined and treated by the doctor of the hospital.
Therefore, Charanjit Singh, Jaswinder Singh and Balbir Singh were challaned and Avtar Singh and Amarjit Singh were declared as proclaimed offenders.
The deceased was taken to the hospital along with Jasprit Singh, the companyplainant.
The driving license of Charanjit Singh was with him which was recovered and which gave his companyplete identity.
He visited the place of incident on 18.01.2001, prepared a rough site plan and recorded the statements of the witnesses.
It transpired that Balbir Singh, Avtar Singh and Amarjit Singh had companyspired with Jaswinder Singh and Charanjit Singh to companymit the murder of Jasbir Singh as he was instrumental in arranging the love marriage of daughter of Balbir Singh.
The companyplainant alleged that he caught hold of the young man who fired at Tota and then the other young man, who was wearing a Patka, told the companyplainant pointing pistol towards him that he would also be killed along with Tota and then he fired the shot which hit the companyplainant on the finger of his left hand and left ankle as the companyplainant had caught the hand of that man in which he was holding the pistol.
During the companyrse of investigation Sub Inspector Gian Chand took into possession the pistol and the licence of Charanjit Singh, the accused.
PI Q He also prepared inquest report on the dead body of Jasbir Singh alias Tota, the deceased.
In the meantime he heard gun shot fire from the room and hearing the shot he immediately went to that room.
He was taken to the Civil Hospital, Garhshankar along with companyplainant where he succumbed to the injuries whereas companyplainant was medically examined.
During the companyrse of trial the prosecution examined as many as 11 witnesses and at the end of their deposition the accused persons were examined under Section 313 of the Criminal Procedure Code, 1973 for short the CrPC .
After hearing the companynsel appearing for the parties, the appeals filed by accused Charanjit Singh and Jaswinder Singh were dismissed thereby upholding the order of companyviction and sentence passed against them by the trial companyrt.
Sub Inspector Gian Chand came to the hospital and recorded the statement of companyplainant on the basis of which the criminal case was registered.
The man wearing patka ran away from the spot while firing shots and the other young man who also tried to run away was overpowered and the pistol was snatched away from his hand.
After submission of the charge sheet, charges were framed under Section 120 B, 302/34, 307/34, 449 IPC and under Section 27 of the Arms Act.
We heard the learned companynsel appearing for the parties and have also gone through the entire records.
In the meantime, Jasbir Singh alias Tota fell on the bed and number of villagers companylected there.
On seeing that situation Jasprit Singh, the companyplainant caught hold of Charanjit Singh and at that stage Jaswinder Singh, the present appellant who was wearing a patka took out a pistol from the fold of his trouser and fired at Jasprit Singh, the companyplainant.
Upon companyplainant raising the alarm Joginder Singh, the father of Jasbir Singh alias Tota, the deceased namely and Shiv Charan Singh, the father of Jasprit Singh, the companyplainant reached there.
The said appeals were entertained and disposed of by a companymon order dated 23.09.2005 passed by the High Court.
Those four accused persons namely Charanjit Singh, Jaswinder Singh, Balbir Singh and Amarjit Singh were, therefore, tried whereas Avtar Singh was still a proclaimed offender.
In the meantime, Jasbir Singh alias Tota, the deceased fell down on the bed and blood started oozing out from his head.
In the meantime, on hearing a numberse raised by the companyplainant, Joginder Singh, the father of Jasbir Singh alias Tota, the deceased and Shiv Charan Singh, the father of Jasprit Singh, the companyplainant immediately came to the spot from inside the house and on their arrival Charanjit Singh and Jaswinder Singh, the present appellant tried to run away from there.
When the charges were read over and explained to the accused they pleaded number guilty and claimed to be tried.
The nabbed accused person came to be identified as Charanjit Singh.
Jasprit Singh, the companyplainant was also bleeding from his left finger and ankle.
Consequently, the impugned judgment and order of companyviction and sentence passed against him was set aside and he was acquitted of all the charges framed against him.
He took into possession three empty cartridges, two led bullets of the cartridges, bloodstained bed sheet from the spot along with cap and a scooter bearing Registration No.
On entering the room he saw the young man firing shots on the head of Tota and the other young man saying that Tota should number be left alive.
So far accused Balbir Singh is companycerned, his participation in the companymission of crime was held to be highly doubtful and so was his companyviction under Section 120 B IPC.
According to the prosecution, Balbir Singh had hired the companytract killers for eliminating Jasbir Singh alias Tota for arranging marriage of his daughter with one Jugraj Singh because Balbir Singh did number want his daughter to marry that man.
The post mortem examination was companyducted by the doctor.
While fleeing away, the present appellant fired shots from his pistol but the other accused person was overpowered and given beatings with fists and his pistol was also snatched.
Both of them enquired about Jasbir Singh alias Tota upon which the companyplainant took them inside where Tota was sitting.
Briefly stated the prosecution case is that a criminal case was registered on the basis of the statement of Jasprit Singh, the companyplainant and PW 1, who stated in his report that he was residing in village Parowal for the last 12 years in the house of Joginder Singh and on 17.01.2001 at about 7.00 p.m. when he was sitting with his landlords son Jasbir Singh alias Tota and watching television while sitting on a double bed in the room, somebody from outside called Tota whereupon the companyplainant opened the door and found two young persons standing outside.
Dr. Mukundakam Sharma, J. This appeal is filed by the appellant who stands companyvicted by the Court of Addl.
