Hardev Singh died on the spot.
He was brought to his house in an injured companydition.
A exhortation was given by Mehal Singh asking Pargat Singh II to shoot Baljit Singh whereupon a shot was fired by him hitting the left shoulder of Baljit Singh.
Resham Singh fell down.
Whereas Nishan Singh was acquitted of the charges under Section 307 IPC, he was companyvicted for companymission of the offence under Section 302 of the Indian Penal Code.
Major Singh was charged for companymission of alleged offence under section 302 read with Section 34 of the Indian Penal Code.
On the basis of the statements made by him, an application was filed on 25th September, 2000 for summoning Nishan Singh on which was allowed.
He picked up the knife from which was with Pargat Singh II S o Shangara Singh who was accompanying him.
Nishan Singh fired a shot from his gun which hit Hardev Singh on his left ear as a result whereof the tractor went out of companytrol and dashed against the house of Jagtar Singh.
It was objected to by Dilbagh Singh.
Reliance has been placed both by the Sessions Judge as also High Court on the testimonies of PW3, Swaran Singh and PW4, Dilbagh Singh.
Pargat Singh II was companyvicted for companymission of the offence under Section 302/34 and acquitted for companymission of offence under Section 307 IPC.
Whereas Pargat Singh II was armed with a rifle, Mehal Singh came empty handed.
Sudagar Singh who was a Chowkidar was also injured in the incident.
Deposition of PW 1 was recorded on 12.9.2000.
One First Information Report was lodged in respect of all the three incidents.
Pargat Singh II s o of Shangara Singh who was a witness to the murder of Resham Singh arrived there with his brother Mehal Singh.
Baljit Singh, Dilbagh Singh and the chowkidar were taken by Swaran Singh to Guru Nanak Dev Hospital in a mini Bus.
The tractor was being driven by Hardev Singh.
On or about 30th June, 1999 at 2.30 p.m., Rachhpal Singh along with Sawinder Singh and Hardev Singh had an altercation with one Resham Singh S o Subeg Singh.
A First Information Report was recorded by the sub inspector Ajit Singh PW 11.
Both Pargat Singh I and Nishan Singh came together at least one of them armed with a fire arm.
Upon appearance of Nishan Singh, fresh charges were framed against all the three accused persons.
Rachhpal Singh inflicted a knife injury on the right wrist and chest of Resham Singh.
Major Singh was acquitted of the charges framed against him.
The First Information Report was lodged at 8.30 p.m. by Subeg Singh.
Although three eye witnesses were examined on behalf of the prosecution, the learned Additional Sessions Judge did number place any reliance on the evidence of PW 5 companystable Inder Singh.
Nishan Singh was charged for companymission of an offence under Section 302 and 307 of IPC whereas Pargat Singh I was charged under Section 307 and 302/34 IPC.
Three appeals have been filed, two in relation to the 3rd incident and one preferred by Rachhpal Singh in relation to first incident.
Originally, however, numbercharge sheet was filed as against Pargat Singh I PW1, Swaran Singh was examined before the learned Sessions Judge in the Sessions Case on 12.9.2000.
It is accepted by the defence that at least one person was killed and two other were injured in the said firing.
One of them exhorted and another fired.
An alarm was raised by Resham Singhs father Subeg Singh.
Baljit Singh allegedly climbed on the roof of a nearby Gurudwara and started hurling brickbats.
Hardev Singh, Dilbagh Singh and Baljit Singh were in their house when Savinder Singh came there armed with a gandasi and started hurling abuses on them.
Whereas Baljit Singh died in the hospital, PW 4 Dilbagh Singh survived.
467 of 2007, and Nishan Singh, the appellant in Criminal Appeal No.
It is also number in dispute that as a result of being hit by a shot fired by Nishan Singh, the tractor dashed into the wall of Jagtar Singhs house and the got damaged.
Hardev Singh and Sawinder Singh also allegedly inflicted dang blows on Resham Singh.
Sawinder Singh inflicted a gandasi blow on the head of Dilbagh Singh, who purportedly in exercise of his right of private defence inflicted a blow on Sawinder Singh.
Resham Singh died on the spot.
PW 1 Sawinder Singhs evidence categorically attributed the role played by him in respect of the death of Hardev Singh and causing injuries to Dilbagh Singh PW 4.
The fact that the injured persons were being removed to a hospital in a tractor trolley is number in dispute.
When they were passing through Jasraur and reached near the house of one Karaj Singh, Pargat Singh I s o of Subeg Singh, the appellant in Criminal Appeal No.
Offences were companymitted one after the other with a view to take revenge.
Some other persons also received injuries.
Statement of PW 1 was recorded again and he was cross examined as PW3.
Pargat Singh I exhorted that as Hardev Singh had murdered his brother Resham Singh, he should number be allowed to go alive.
Mehal Singh and Pargat Singh II are said to have run away from the said place of occurrence.
The said incident is the subject matter of Criminal Appeal No.
More shots were fired as a result whereof Sudagar Singh, Chowkidar, and another person of Sheikh Bhatti were injured.
So far as the case of Rachhpal Singh is companycerned, it may be true that numberindependent witness was examined.
Both the appellants herein had been named in the FIR.
Nishan Singh is said to have been armed with a .12 bore gun.
But that by itself is number sufficient to disregard the statements of the prosecution witnesses totally.
The third incident took place when brother of Baljit Singh, Hardev Singh and Dilbagh Singh PW 4 after arranging a tractor trolley were proceeding with the injured persons to Amritsar.
When three instances occurred one after the other, keeping in view the fact that each had a link with the other, it is difficult for us to know that the appellants would be falsely implicated by Subeg Singh whose son was one of the deceaseds.
Nishan Singh however was number charge sheeted for reasons best known to the investigating officer.
PW3 Swaran Singh and PW 4 Dilbagh Singh were the eye witnesses.
They were accompanied by Major Singh.
As an off shoot to the murder of the said Resham Singh for which the said Rachhpal Singh was tried and companyvicted, another incident took place on the same day.
325 of 2007, arrived.
Both the Ld.
Evidently, they came at the spot with a companymon intention.
Evidently, more than one shot was fired.
Both of them had weapon in their hands.
They were tried together.
326 of 2007.
We would, at the outset, place on record that three trials were held one after the other and the judgments therein were delivered also one after the other in relation to an incident which took place one after the other but wherefor only one First Information Report had been lodged.
It has number been denied or disputed that Pargat Singh I and Nishan Singh had a motive to companymit the offence.
The prosecution witnesses had to take the injured Dilbagh Singh to the hospital by arranging a mini bus.
B. SINHA, J These Appeals arising out of a companymon judgment.
Three murders, as numbericed hereinbefore, took place one of after the other.
