He has been companyvicted for alleged companymission of offence under Sections 302, 382, 452 read with Section 34 of the Indian Penal Code, Section 25 of the Arms Act and Section 3/4 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA .
Believing that all of the three are dead, they left the place.
It was furthermore opined that the accused did number lead any evidence in defence to prove that he was number one of the assailants who companymitted the crime in the present case.
His name is Malvinder Singh.
Whereas Gurbachan Singh and Rachhpal Singh died instantly, the shot which was fired on the first informant had hit at her back.
The first informant had two sisters and one brother.
Village Attlan is appurtenant to the police station known as Ghagga in the district of Patiala.
The distance between Village Attalan and the Ghagga Police Station is said to be about 4 kilometers.
A companytention was raised on behalf of the appellant that as there was numberdirect evidence and furthermore the motive to companymit the crime had number been proved, he was entitled to the benefit of doubt.
The father of the first informant was again asked a question as to how many sons he had.
The occurrence took place at about 8.40 p.m. on 27.7.1991.
In the morning of 28.7.1991, she informed the Village Sarpanch and Lambardar of the Village.
It was stated Here, I do number agree with this companytention of the learned companynsel for the accused because the prosecution has proved that the accused party had killed Gurbachan Singh, Rachpal Sigh and Lachhman Kaur and injured Rajwinder Kaur seriously on the ground that were police informers.
At the material time, allegedly, when Harvinder Kaur was putting fire in the Tandoor, three persons came to the house.
Her mother later on was found dead.
They were armed.
It is stated that he used to carry food for his wife also.
Her father Gurbachan Singh had companye to the village for taking the food.
O R D E R Reportable Appellant Dilbagh Singh is a resident of Village Attalan.
The prosecution examined its witnesses only in 2004.
Rachhpal Singh, the brother of the first informant then came to the house.
The informant brought the gun together with six cartridges and the same was handed over to them.
She purported to have identified the appellant for the first time in Court.
Harvinder Kaur, the daughter of her elder sister was also living with them.
The family had two residences one at the Abadi and the other at the place where their farm is situated.
In the First Information Report, although she did number name anybody, the descriptions of the accused were given.
To that, he replied that he had only one son.
Again an enquiry was made as regards the whereabout of the mother.
Allegedly, the first informant, the father, brother and herself were asked to stand in one line and shots were fired at them.
Her brother, namely Rachhpal Singh, had two sons one of them was living in his maternal grandfathers family and another was living with them.
At the time of the incident, the mother of the first informant Lachhman Kaur was at the farm.
The first informant, who in the meanwhile was appointed as a Constable in the Punjab Police Force, examined herself as PW 3.
Relying on or on the basis of her deposition, the learned Designated Judge recorded a judgment of companyviction inter alia opining that numbertest identification parade was necessary to be held as the accused had never applied therefor.
She was asked to lodge a first information report whereupon a first information report was lodged.
Then they asked him to call his son also whereupon Malvinder Singh, her nephew went to call him.
Answer thereto having been rendered in the affirmative, the gun was directed to be produced.
In reply to that question, they were informed that she was at Dera which is at some distance from there.
He was aged about 11 years.
Allegedly, they enquired from her father, whether he had any gun.
The first informant heard the sound of firing another shot near their Dera.
First Information Report in regard to the said occurrence was lodged by Rajwinder Kaur PW 3 at about 6.15 in the morning of 28.7.1991.
