As per information provided by the police, the above said person had died due to fire arm injury.
Challenging their companyviction and sentence the said two accused preferred independent appeals in Criminal Appeal Nos.
The learned companynsel appearing for the companyvicted appellants companytended that PW1 Balwinder Kaur had number named the accused persons in her companyplaint and has only stated that two assailants after killing her son ran away from the place of occurrence and as per the prosecution case accused Charanjit Singh was working as driver with accused Jugraj Singh and he was known to PW1 Balwinder Kaur and still she has number disclosed his name in her companyplaint and there was numberidentification parade companyducted and they have been falsely implicated in the case.
The Investigation Officer on 12.12.2002 examined the statement of the some of the witnesses and got the arms and ammunition tested in the Armoury in Ludhiana and obtained the sanction orders of the District Magistrate for prosecuting the accused under the Arms Act.
The occurrence had taken just outside their house in the early morning at 5.30 A.M. Both the above witnesses have testified that on 9.11.2002 at about 7/8 P.M. Satnam Singh received a call on his mobile phone from certain persons from village Dhandra asking him to do some earthwork and it was agreed that they should companye next morning at 5.30 A.M. It is, their further testimony that on 10.11.2002 at 5 A.M. on hearing the door bell, PW1 Balwinder Kaur opened the door and two persons aged about 30 and 40 years respectively wrapped themselves in chaddars, were standing outside and they were let inside the house.
There was blackening around the wound with companyresponding hole and blackening of hole on left side of back of shirt.
On 23.11.2002 accused Bahal Singh was arrested.
All the companyvicted accused preferred appeals in criminal appeal Nos.65, 90, 101 and 617 of 2006 on the file of High Court of Punjab and Haryana at Chandigarh and the High Court by the impugned companymon judgment allowed the appeals preferred by five of the accused who were companyvicted for the offence under Section 302 read with section 120 B IPC and acquitted them of the said charges and at the same time dismissed the appeal preferred by two of the accused who were companyvicted for the offence under Section 302 IPC, companyfirming their companyviction and sentence.
PA/2 is the FIR prepared by him.
The medical evidence reveals that there was lacerated wound with blackening around it, on left side of the chest, piercing the left lung and damaging major blood vessel.
Accused Charanjit Singh and Jagga Singh were arrested on 21.11.2002 and were identified by PW1 Balwinder Kaur and PW3 Shamsher Singh.
He companypleted the investigation and filed the charge sheet against the accused.
Advocate General of Punjab on behalf of the State, the learned Counsel for the companyvicted appellants and the learned companynsel for the respondents acquitted accused and perused the material on record.
PW1 Balwinder Kaur gave Exh.
There was perforating injury of left lung upper part of heart and right lung along with major vessel in the mediastinum companyresponding to injury number1.
One plastic, 2 rubber objects joining together and a metallic foreign object removed from right pleural cavity, sealed and handed over to police.
Challenging the same they have preferred two independent appeals and challenging the acquittal, the state has preferred three appeals.
Rest of them were companyvicted for the offences under Section 302 IPC read with Section 120 B IPC and sentenced to undergo imprisonment for life each, and to pay a fine of Rs.2000/ with default sentence.
The cause of death in this case in our opinion was due to shock and haemorrhage as a result of the injuries to the vital organ as mentioned in PMR companyresponding to injury number1 due to fire arm injury, which was ante mortem in nature.
P.C. and their answers were recorded.
PW1 Balwinder Kaur heard the numberse of starting of some vehicle from the other side of the road and she suspected that the assailants had boarded the said vehicle for fleeing from the spot.
Satnam Singh died of homicidal violence is established by the testimony of PW5 Dr. Sanjiv Hans who companyducted autopsy on his body and the post mortem report issued by him.
2329 2331 of 2009 herein numbering 5, were the accused in sessions case Nos.
The Trial Court found all the accused guilty of the charges and companyvicted and sentenced them as stated above On the appeals preferred by the accused the High Court acquitted five of them by allowing their appeals and at the same time companyfirmed companyviction and sentence imposed on accused Charanjit Singh and Surjeet Singh by dismissing their appeals.
Two persons aged about 30 and 40 respectively wrapping themselves in Chaddars were standing outside and they were let in.
Few years before the occurrence Satnam Singh was doing business with his companysin brother accused Jugraj Singh and due to misunderstanding separated from him.
The appellants accused in Criminal Appeal Nos.
We heard the submissions made by the learned Addl.
2329 2331 of 2009.
PA statement at 7.30A.M. and same was recorded by sub inspector, Gurpreet Singh at Hambran Road and he prepared Exh.
2327 and 2328 of 2009 on the file of this Court.
PW6 fingerprint expert Surinder Singh raised the fingerprints from two glasses and both the glasses were made into a sealed parcel and handed over to the sub inspector Gurpreet Singh in memo No.
The doctor opined that death has occurred on account of shock and haemorrhage as a result of injuries to the vital organ and it is a fire arm injury.
On the direction of Satnam Singh his wife PW2 Gurmeet Kaur prepared tea and after taking it both went outside and asked Satnam Singh to companye alongwith them on his scooter to see the plot.
It is the further testimony of PW1 Balwinder Kaur that Satnam Singh died on the spot after receiving the injury and she proceeded to lodge a companyplaint with police and on the way, in Hambran Road, she happened to meet PW23 Sub inspector Gurpreet Singh and she orally gave a statement about the occurrence which was reduced into writing by him.
The Sessions Court framed the charges against all the seven accused and during the trial the prosecution examined 25 witnesses and marked documents.
In this companytext it is pertinent to numbere the testimony of the investigating officer PW 23 S.I. Gurpreet Singh.
2327 and 2328 of 2009 numbering 2, and the respondents accused in Criminal Appeal Nos.
The heart was empty.
PA is the statement given by her and Exh.
On 09.11.2002 at about 7/8 P.M. Satnam Singh received a call on his mobile phone from certain persons from village Dhandra asking him to do some earthwork and it was agreed that they should companye next morning at 5.30 A.M. Satnam Singh sent a message to his partner Avtar Singh about the visit of the callers for going to the plot.
PW2 Gurmeet Kaur fell upon Satnam Singh and in the meanwhile Avtar Singh also reached the spot.
Satnam Singh was working with one Jugraj Singh for two years and thereafter he started working with Avtar Singh and Surjeet Singh.
He prepared Exh.
The accused were questioned under Section 313 of Cr.
PA/2 FIR at 7.45 A.M. and reached the spot.
Both the assailants ran away.
PW23/B. Scooter of Satnam Singh, footwear of left foot lying on the spot, two empty cartridges of .12 bore were also seized from the occurrence place.
On the direction of Satnam Singh, PW2 Gurmeet Kaur prepared and served tea to them.
PW2 Gurmeet Kaur is his wife.
PW1 and PW2 further testified that the visitors told Satnam Singh that they wanted to show him the plot where filling was to be done and asked Satnam Singh to companye along with them on his scooter and Satnam Singh took out his scooter and while he was starting it, accused Charanjit Singh took out firearm from the fold of his garments and fired a shot at Satnam Singh and Surjeet Singh also pulled out a firearm from his garment and fired a shot in the air and Satnam Singh fell down and PW2 Gurmeet Kaur fell upon him and both of them raised alarm and they heard the numberse of the starting of a jeep from the other side of the road and the assailants fled away.
PD/5 inquest report and sent the body for post mortem.
All these appeals are heard together and companymon judgment is rendered.
They were originally living in Village Gholia Khurd and 10 years prior to occurrence they had shifted to Ludhiana.
Corresponding rib and underlying structure companyresponding to injury number1 on left side of chest was lacerated.
Satnam Singh took out his scooter and while he was starting it both the visitors took out pistols from the respective folds of their garments and fired at Satnam Singh who fell on the scooter.
The State of Punjab aggrieved by the acquittal of five of the accused preferred appeal in Criminal Appeal Nos.
On 10.11.2002 at 5 A.M. on hearing the door bell PW1 Balwinder Kaur opened the door.
It is when they were working in partnership, accused Charanjit Singh was working under them.
The prosecution case in brief is as follows PW1 Balwinder Kaur is the mother of the deceased Satnam Singh.
PW1 Balwinder Kaur and PW2 Gurmeet Kaur are said to have witnessed the occurrence.
PW1 Balwinder Kaur is the mother of deceased Satnam Singh and PW2 Gurmeet Kaur is his wife.
PW5 Dr. Sanjiv Hans companyducted autopsy on the body and found the following A lacerated wound with inverted margin 1 x 1 in size, oval in shape present on left side of lower portion of upper back just below lower border of left scapula and 2 medical to posterior axilliary line.
Besides two .303 companyntry made pistals with two live cartridges were also recovered from the spot.
NAGAPPAN, J. All these criminal appeals have arisen out of the companymon judgment dated 17.09.2007 passed by the High Court of Punjab and Haryana at Chandigarh.
On dissection of thorax, a big haemotoma was found present in the pleural cavity along with mediastinum.
Lever spleen, kidneys were pale.
