Along the way, however, they came across a police party headed by ASI Shamsher Singh P.W.12 .
Jit Singh and Jaswant Singh died almost immediately whereas Ghula Singh, who was in a serious companydition, was taken to the Hospital by some persons who had companye to the spot whereas Nishan Singh and Swaran Singh left for Police Post, Khanauri.
The State questioned companyrectness of acquittal on the ground that the companyclusions of the trial companyrt were erroneous, the acquitted persons supported the acquittal.
All the accused thereafter re boarded the truck and escaped from the spot.
537 DBA of 1997.
Nishan Singh made his statement to him at 8.00 P.M. and on its basis, the formal F.I.R was registered at Police Station, Moonak, 25 kms away at 9.30 P.M. with the special report being delivered to the Iliaqa Magistrate at Sunam at 2.30 AM on September 7,1987.
The accused were arrested on 12.9.1987 and Truck No.
587 of 2002 has been filed by the accused Paramjit Singh who was appellant in Criminal Appeal No.
537 DBA of 1997 was filed by the State questioning acquittal of the respondents.
Before the High Court it was companytended by accused, who were companyvicted, that the FIR was lodged belatedly and on that basis the prosecution version was vulnerable.
On the companypletion of the investigation, the accused were charged for offences punishable under section 302 and other offences of IPC as numbered above and the Arms Act, 1959 in short the Arms Act and as they pleaded number guilty, were brought to trial.
The companynected Criminal appeal No.
The trial companyrt held that the accusations were number established so far as the present respondents are companycerned but found the two companyaccused persons Mohan Singh and Paramjit Singh guilty of various offences.
ASI Shamsher Singh P.W.12 also went to the place of occurrence and made the necessary inquiries and amongst other articles picked up three spent cartridges cases of .12 bore.
HYA 6595, being driven by Harbhajan Singh.
Mohan Singh accused thereupon fired two shots at Jit Singh Singh and Ghula singh.
There was numbermotive for five of the accused persons to companye to the spot fully armed and cause the death of two persons and injuries to three persons.
Swaran Singh, Paramjit Singh and Sukhchain Singh accused also caused injuries to Swaran Singh, Nishan Singh and Ghula Singh.
Harbhajan Singh then snatched the gun from Mohan Singh and fired one shot hitting Jaswant Singh on his arm and back.
Criminal appeal No.
HYA 6595 belonging to Harbhajan Singh was taken into possession.
After parking the truck at a distance of 6 7 kadams from the Cabin, the accused got down and raised a lalkara that they would teach them a lesson for being instrumental in making them lose the elections held to the various offices of the Truck Union.
The High Court heard four appeals but we are companycerned with the two appeals only i.e. Criminal appeal number 537 DBA of 1997 and .
170 DB of 1997 before the High Court.
170 DB of 1997 Paramjit Singh v. State of Punjab and disposed the appeals along with two other appeals.
Mohan Singh accused also produced his .12 bore gun and two live cartridges.
PRR opined that the said cartridges had been fired from the gun in question.
Another accused Harbhajan Singh died during trial.
Dr. ARIJIT PASAYAT, J. CRIMINAL APPEAL NO.
Respondents faced trial along with two others namely Mohan Singh and Paramjit Singh for alleged companymission of offences punishable under Sections 148, 302,307,326,325,323/302 read with Section 149, 307 read with Section 149, 326/149, 325 read with Section 149 and 323/149 of the Indian Penal Code, 1960 in short the IPC .
254 OF 2002 Challenge in this appeal is to the order of a Division Bench of the Punjab and Haryana High Court upholding the acquittal of the respondents.
The spent cartridges and the gun belonging to Mohan Singh accused were sent to the Forensic Science Laboratory and the Laboratory in its report Exh.
Criminal Appeal No.
The responders were respondents in Criminal Appeal No.
