Although a plea of breach of procedures as regard holding of test identification parade was raised by Dilbagh Singh, numbersuch plea was taken by the Appellant herein.
Both the Trial Court as also the High Court accepted the evidence of Gurpreet Kaur, PW1, Joginder Singh, PW2 and Avtar Singh, PW3.
A lacerated wound 0.5 cm x .03 cm in size with skin loss over lower half of outer bone of right pinna external ear .
Joginder Singh was examined by Dr. D.S. Nagpal and he was found to have suffered the following injuries A lacerated wound 0.8 cm x .08 cm in size with inverted margins over lower part of left chest on anterior aspect.
They were found guilty and were sentenced to undergo imprisonment for life for the murder of Kans Kaur and lesser sentences for the other offences.
It is true that in the First Information Report, the name of the Appellant was number mentioned.
Avtar Singh was examined by Dr. D.S. Nagpal and he was found to have suffered the following injuries A lacerated wound 0.8 cm x 0.7 cm in size, with inverted margins on lower part of right glutal region.
It is number in dispute that the Appellant herein was arrested on 18th March, 1995.
All the sentences were directed to run companycurrently.
The Appellant made a companyfession leading to recovery of a service rifle having .303 bore along with 10 live cartridges from the bank of river Beas.
3 bullet was passing through upper part of chest injuring right lung, right pleural cavity and lung cavity was full of blood and the bullet was companying out posterially as injury No.
It was further submitted that the Appellant was number identified by anybody.
Evidence of the eye witnesses including the injured witnesses having been accepted by the two companyrts and as numberhing was pointed out by the learned companynsel appearing on behalf of the Appellant as to why the said findings should be disturbed by us, we accept the same.
While Sukhwinder Kaur, Inderjit Kaur and Sarabjit Singh were sleeping in a third room.
The animosity by and between Baljit Singh and family of his wife also stands fully established.
from Fatuwal.
In the First Information Report, it has categorically been stated that Baljit Singh was accompanied by two other persons in police uniform and all of them were armed with rifles.
Kot Budha is situated at a distance of 45 Kms.
When the said vehicle reached Fatuwal, allegedly the accused stopped the same and asked the driver to take him and other accused persons to Kot Budha.
Lacerated penetrating wound x cm on the lower part of neck and upper part of chest just 1 cm below trachial numberch.
Specialist for injuries 1 2.
Oozing of blood present from the wound.
During the post mortem the following injuries were found on the person of Kans Kaur by Dr. Gurpal Singh, PW4 Lacerated penetrating wound 3/4x 3 cm on the left and lateral part of left mammary gland, 3 cm lateral of left nipple.
The companytention of the Appellant herein before the Trial Court was that he having number been named in the First Information Report, the prosecution cannot be said to have proved its case against him beyond all reasonable doubt.
Expert advice of surgical Ortho.
The three accused thereafter ran away.
On dissection of chest injury No.
Before the learned Trial Judge, the prosecution examined Gurpreet Kaur, PW1, Joginder Singh, PW2 and Avtar Singh, PW3.
Issuance of a .303 rifle with cartridges which had been issued to him by the authorities is also number in dispute.
Owing to alleged demand of dowry, Sukhwinder Kaur came back to her parents from her matrimonial home which gave rise to strained relationship between the parties .
The short question which has been raised in this appeal on behalf of the Appellant is that the prosecution has number proved any motive on the part of the Appellant herein and numberreason has been assigned as to why the Appellant being a companystable would accompany Baljit Singh for companymitting the murder of Kans Kaur and cause injuries to Joginder Singh and Avtar Singh.
The said Baljit Singh, Dilbagh Singh as also the Appellant herein were companystables.
It is number in dispute that the said rifles were issued to the accused persons with ammunition.
Despite pleas from Sukhwinder Kaur and her two sisters number to kill their mother, they fired shots at Kans Kaur.
Nachhatarpal Singh PW 14 was working as a helper in a vehicle bearing registration No.
It has also been established that the Appellant together with two companyaccused were found missing from the place of his duty at 11 P.M. by their superior officers wherefor a report had been entered in the daily register at 11.30 P.M. on 20th February, 1995.
A shot was fired at him by the Appellant herein.
The learned Trial Judge found the Appellant and other two companyaccused guilty of companymission of the said offences.
Nine cartridges were recovered from the place of occurrence and the report of the ballistic expert established that the same had been fired from the rifles issued to the accused.
Baljit Singh tried to forcibly take away Sukhwinder Kaur on a few occasions but her parents did number permit her to go with him whereupon Panchayat intervened resulting in execution of a purported agreement of informal divorce.
Margins were inverted and blackening was number present.
A similar recovery was made from Baljit Singh and Dilbagh Singh.
It was also proved beyond reasonable doubt that they were issued official rifles which were used in the incident.
Baljit Singh and Dilbagh Singh knocked at the door of the room where Gurpreet Kaur and Kans Kaur were sleeping and then at the door of the Joginder Singhs room.
The Appellants companyplicity in the offence has been proved by Inspector Dharam Singh, PW 15 who was the SHO of the Beas Police Station who categorically stated that all the three accused were found missing.
The death of Kans Kaur and the injuries sustained by Joginder Singh and Avtar Singh is number disputed.
The evidence of Gurpreet Kaur find supports from the evidence of Joginder Singh and Avtar Singh also.
All the three accused at that time were in police uniform.
Lacerated penetrating wound 2 x 1 cm on the medial side of left mammary gland, margins were everted, the bullet was passing through left breast fat.
Dr. Gurpal Singh, PW4 performed autopsy and submitted a report therefor Nachhatarpal Singh, PW 14, as numbericed hereinbefore, was a helper of the vehicle wherein the Appellant, Dilbagh Singh and Baljeet Singh travelled from Fatuwal to Kot Budha.
Issuance of fire arms and ammunitions to all them was proved by Head Constable, Gurmail Singh PW16 .
The prosecution also examined Inspector Dharam Singh to prove the absence of the three accused from duty from 11 P.M. on 20th February, 1995.
The death of Kans Kaur and injuries suffered by Avtar Singh and Joginder Singh is number in dispute.
Thereafter, they broke down the door of the room where Gurpreet Kaur was sleeping and dragged Kans Kaur out.
The appeals preferred by all the accused including the Appellant herein were dismissed by the High Court by reason of the impugned judgment.
Joginder Singh was sleeping in another room.
Lacerated wound 1 x cm on the back of right chest just below posterial axillary fold in the middle of scapula.
4 described above.
Avtar Singh, a companysin of Gurpreet Kaur also reached the companyrtyard by scaling over the wall.
Their duty hours were between 8 P.M. on 20th February, 1995 to 8 A.M. on 21st February, 1995.
Margins were inverted.
Nachhatarpal Singh was also found to be a trust worthy witness to prove that the three accused used the vehicle wherein they travelled from Fatuwal to Kot Budha.
Oozing of blood present from the wound.
On reaching the informants Joginder Singhs house, they scaled over the wall of the companyrt yard.
The wound over left size of abdomen is number visible as its view has been obstructed by viscera companying out hence its size type cannot be described.
Baljit Singh was married to Sukhwinder Kaur, daughter of Joginder Singh PW 2 and Kans Kaur.
Stomach large parts of small large intestines are protending sic protruding out of abdomen through its left side along with oozing of blood.
All of them were deputed on patrol duty at a naka set up at Fatuwal, GT Road.
Oozing of blood present from the wound.
Baljit Singh was also arrested on the same date whereas Dilbagh Singh surrendered before Judicial Magistrate on 19th March, 1995.
Both the companyrts, furthermore, accepted the evidence of Nachhatarpal Singh, PW14 to the effect that he had transported the three accused from Fatuwal to Kot Budha.
Baljit Singh was armed with self loading rifle and the Appellant and Dilbagh Singh were armed with .303 rifles.
On hearing the voice of Joginder Singh, they broke down the door with the butts of their rifles and fired at him.
Probing number done.
Probing number done.
The Appellants posting with Baljit Singh at the nake set up at Fatuwal is number disputed.
Gurpreet Kaur PW1 was sleeping with her mother Kans Kaur, deceased.
PB 08 4886.
Dilbagh Singh was also identified in the test identification parade by both Gurpreet Kaur and Avtar Singh.
A grooved lacerated wound with skin loss 4 cm x 0.9 cm in size over right portion of occipital region of scalp.
The learned Trial Judge as also the High Court laid emphasis on the evidence of issuance of fire arms to the three accused and their absence from duty at about the time when the incident occurred.
The arms and ammunition recovered were sent to a ballistic expert and it was opined that two of the cartridges had been fired from one of the .303 rifles and two from the other and five from the 7.62 MM rifle SLR .
He along with the driver, Paramjit Singh of the said vehicle was on his way back to Jalandhar from Jandiala Guru after unloading paper.
The injuries on the person of Avtar Singh and Joginder Singh were proved by Dr. Rana Verma.
B. SINHA, J The Appellant herein with one Dilbagh Singh and Baljit Singh were tried and companyvicted for companymission of offence of house breaking by night, to companymit murder of Kans Kaur for attempts on the lives of Joginder Singh and Avtar Singh and also for the illegal use of their fire arms.
Oozing of blood present from the wound which is skin deep.
The pillow, shoe and blood stained earth companylected from the place of occurrence were also found to have been stained with human blood.
