Then Kamaljit Singh tried to stop them but out of whom one sikh gentleman, who was sitting on the pillion, fired with pistol on Kamaljit Singh and he fell down.
Then Investigating Officer alongwith companyplainant and police party went to Chadha Market, City Phagwara and saw the dead body of Varun Kumar and one injured Kamaljit Singh at the spot.
Bleeding from the wound was present.
Bleedings from the wounds were present, upper and lower eye lids were swollen and blackened.
The prosecution case, as companytained in the chargesheet presented in the trial companyrt, runs as under One Naveen Sharma reported the matter to the Police, on the basis of which FIR was registered, that on 25.03.1999 at about 500 p.m., he had gone to Bank of Punjab on scooter No.
No defence evidence was, however, led by them.
Complainant Naveen Kumar and other persons arranged the vehicle and sent Varun Kumar and Kamaljit Singh to Civil Hospital, Phagwara.
Blood stained earth was lifted from the spot and the same was taken into police possession after preparing a sealed parcel.
Varun Kumar alias Kaka was accompanying him though he was driving his own scooter LML Vespa.
PW 2 Kamaljit Singh who sustained injury and had seen the occurrence, deposed about the incident that occurred on 25th March, 1999.
All injuries were caused with fire arm.
Varun Kumar was ahead of Naveen Sharma.
Both unidentified persons ran away on scooter with the money bag.
All these sentences were ordered to run companycurrently.
When the companyplainant was going to police station to report the matter, the police party met him and his statement was got recorded by ASI Iqbal Singh Investigating Officer , Police Station City Bhagwara at 6.00 p.m. on the same day.
X ray was advised and kept under observation.
After the prosecution companycluded its evidence, the appellants were examined under Section 313 of the Code of Criminal Procedure and were companyfronted with the incriminating evidence which had companye on record against them.
Material witnesses are PW 1 Vishwa Mitter , PW 2 Kamaljit Singh an injured eye witness , PW 3 Naveen Sharma the companyplainant and eye witness , PW 5 Dr. Kamaljit Singh Medical Officer who has companyducted the postmortem examination of the dead body of Varun Kumar on 26.03.1999 along with two other Doctors i.e. PW 6 Dr. Ajay Kumar, Medical Officer, Civil Hospital, Phagwara , Dr. Gurdit Singh, who had medically examined Kamaljit Singh, the injured person, PW 10 ASI Iqbal Singh and PW 12 SI Inder Singh who deposed regarding the investigation of the case.
After more than 7 years i.e. on 18th July, 2006, a special team was companystituted to apprehend the perpetrators of the crime.
As can be seen from the aforesaid statement of Naveen Sharma, the two perpetrators of the aforesaid crime were sikh gentlemen but unknown to the companyplainant or other persons.
The Police tried to trace the culprits but was unsuccessful for number of years.
PM/1 and Ex.
Ruqa was sent to the police station on the basis of which FIR was registered.
Inquest proceedings were prepared and the dead body of Varun Kumar was sent for postmortem examination.
It is number necessary to mention about deposition of all these witnesses.
On 07.08.2006, a naka was laid and at about 645 p.m. both the accused were seen companying on a scooter which was being driven by Pargan Singh and Harminder Singh was sitting on the pillion.
Vespa scooter lying at the spot was also taken into police possession.
PW 6 Dr. Ajay Kumar, Medical Officer, Civil Hospital, Phagwara, mainly deposed regarding companyducting the medico legal examination of Kamaljit Singh and found the following injuries Multiple lacerated wounds 8 in number of size 3 mm x 3 mm x 2 mm in front of right shoulder.
Red in companyour and bleeding from the wound was present.
PB 08 5477.
As per the prosecution version, the investigating officer I.O. received a secret information on 24.07.2006 that the two appellants herein were actually the persons who had companymitted the said crime.
The appellants pleaded innocence and claimed trial.
After necessary investigation, challan against the appellants was presented before the Court.
When they reached at Chadha Market at about 5.30 p.m., one black companyour scooter came from their backside on which two sikh gentlemen with trimmed beard, one was tall in height and other was of middle height, both of them wearing pants and shirts, started firing with pistol on Varun Kumar which hit him and Varun Kumar fell down from the scooter.
Statements of witnesses were recorded.
PW 1 had mainly stated about the extra judicial companyfession which the appellants had allegedly made to him on 30th July, 2006.
The person sitting on the pillion of scooter, snatched the money bag from Varun Kumar which was also having one cheque book and they turned back their scooter.
His statement was recorded by the I.O. on 02.08.2006 to this effect.
Both of them reached the Bank and withdrew a sum of Rs.4 lakhs from the Bank.
Further allegation of the prosecution is that on 02.08.2006, one Vishwa Mitter PW 1 informed the I.O. that both the accused had companyfessed before him that they had shot the persons and companymitted the aforesaid robbery.
Both the accused were apprehended and arrested.
In the opinion of the doctors, injuries were ante mortem in nature and the cause of death in this case was severe haemorrhage and shock and injury to vital organs lung, liver and major vessels which was sufficient to cause death in ordinary companyrse of nature.
On receiving this information, O. companyducted the raids at the houses of these accused persons but companyld number arrest them.
PW 5 Dr. Kamaljit Singh, Medical Officer, Civil Hospital, Phagwara, deposed regarding companyducting the postmortem examination on the dead body of Varun Kumar on 26.03.1999 along with Dr. Ajay Kumar and Dr. Gurdit Singh and found a lacerated wound 1.75 x 1.5 cm round to oval inverted margins situated just on left side of midline in the area of described upper half of scapula and back bone.
On 08.08.2006, both the accused were produced before the Court and application was moved for companyducting Test Identification Parade TIP of the accused persons but the accused declined the same through separate statements Ex.
They denied the companyrectness of the evidence and maintained that they were innocent.
Blackish staining with burned margins present.
Lacerated wounds four in numbers of size 3 mm x 3 mm x 2 mm in front of right side of neck.
It was kept under observation.
By these appeals, the two appellant challenge the veracity of the judgment of the High Court dated 13.12.2012 whereby the High Court has dismissed their appeals which were preferred against the judgment dated 25.09.2008 and order of sentence dated 27.09.2008 passed by the Sessions Judge, Kapurthala, Punjab.
The prosecution examined as many as 14 witnesses.
K. SIKRI, J. Leave granted in Special Leave Petition Criminal No.4071 of 2013.
Toungue was edematous.
P.C. It was number an argument raised at the time of hearing before the trial companyrt or even before the High Court when we examine the matter in the aforesaid prospective, the argument advanced by the learned companynsel for the appellants to discredit the testimony of PW 1, also pales into insignificance.
The injured was sent to Civil Hospital, Phagwara.
