Admittedly the dog squad was requisitioned.
D 3 and D 4 slept wooden takthposh in front of the liquor shop.
He ran to the house of Gurmail Singh, PW 3 with bleeding injuries, knocked the door and fell down unconscious.
If also found that M 0/11, the rifle belongs to A 1 and he fired the deceased and PW 4.
PW 3 did number disclose his witnessing the occurrence to any one till numbern.
1 in Sessions case No.62 of 1984, Trial No.23 of 1985 on the file of the Special Court, Ferozepur.
Next day morning he saw several people companylected at the liquor shop and saw the dead bodies of D 1 to D 4 and PW 4 was lying unconscious in the house of DW 3 and he was asked to report the matter accordingly.
He went to the house of DW 3 and found PW 4 under shock and unconscious.
PW 3 and D 3 had the licence to vend liquor at Kotli Ablu.
The lower companyrt believed the direct evidence of PW 3 and PW 4 and the prosecution case that A 1 fired at the deceased with M 0/11 rifle, A 2 and A 3 also participated in the attack.
on June 15, 1984 when he was picketing on the drain of village Chand Bhan at about 3.30 a.m. he arrested the appellants and recovered from the person of A 1.
PW 4 was number examined at the inquest though he was companyscious.
He issued post mortem certificates Ex.
Ram Avtar, PW 3 and D 3 Ram Nath, first companysin, had liquor companytract in the village Kotli Ablu from 1983 and 1984.
Since the liquor therein had exhausted he came to Kotli Ablu to sell the liquor in the shop of D 3.
In support thereof he companytends that the specific evidence of DW 3 in this regard was number challenged in cross examination.
Accordingly companyvicted them for an offences under ss.
After its companysumption A 1 and A 3 demanded another bottle to which D 3 refused to sell on credit.
No recovery of Gandasa was made from him.
The appellants were falsely implicated.
The theory of liquor vending is doubtful for the reason that the entire State was under curfew on that day due to blue star operation on June 3, 1984 and numbervending would take place when there is a curfew.
The theory of burning the shop shows that it is an act of terrorists as was numbered in the case diary by PW 6.
PW 3 and PW 4 climbed the roof of the shop and slept there.
He recovered 7 empty and two live cartridges Ex.
As regards PW 4, he further companytended that as per the evidence of DW 2 son of Gurbux Singh and DW 3, Gurmail Singh, PW 4 was companyscious at that time of his companying to the house of DW 3 and remained to be companyscious.
Due to fear and the prevailing tense situation he did number companye out.
D 3 and D 4 slept wooden takthposh in front of the liquor shop.
Therefore, he may number be able to have participated in the crime.
Pursuant to a statement made under s.27 Evidence Act by A 3 leading to discover Gandasa M 0/14 was recovered under ex.
On June 5, 1984 at about 9.00 a.m. Jit Singh, the Chowkidar of the village reached Kotli Police Station and reported to PW 5, S.H.O. who reduced Ex.
The police requisitioned the dog squad to sniff the scene of offence to identify the unknown accused.
P 24 into writing.
He received seven bullet injuries fired by A 1 on the backside, of right, leg, thigh and left side of the abdomen while he was running.
If really the appellants 1 and 3 had taken the liquor on credit, numberhing prevented the prosecution to produce the chit admittedly taken by D 3.
The first accused was companyvicted under s.302 read with s.34, P.C. for causing the deaths of Ram Babu, D 1, Sunder Lal, D 2, Ram Nath, D 3 and Ram Chand, D 4 of each death and sentenced to death subject to companyfirmation by this companyrt.
The companyviction and sentence by the special companyrt was on the same day, namely May 29, 1985 which companytravenes the mandatory provision of s.235 of the Code.
He sent him for medical examination by PW 2, the Doctor as his companydition was serious.
Sukhdev Singh A 2 and Sohna Singh, A 3 were companyvicted under s.302 read with s.34, I.P.C. for causing deaths of D 1, to D 4 and sentenced to undergo imprisonment for life.
He sent requisition twice to the hospital to find whether PW 4 was in a fit companydition for recording his statement.
He bears numbermotive to kill the deceased or attack PW 4.
PW 4 jumped to the front side and ran towards the village.
A 1 fired at PW 4 and A 2 hit him.
D 1 to D 4 were killed in the intervening night of June 4 5, 1984 is practically admitted from the evidence of DW 3.
PW 6, the Deputy Superintendent of Police supervised the investigation companyducted by PW 5.
He neither went for drinking at 9.00 p.m. on that day number had a quarrel.
The acceptance of the prosecution case rests on the evidence of PW 3 and PW 4.
D 1 was working in the liquor shop at Ablowbad.
PW 3 on companying to know the arrival of the police and the military people at numbern mustered companyrage and came out from the school and went to the shop.
The prosecution examined 6 witnesses and defence examined 3 witnesses and marked the documents.
He also examined PW 4.
From the Judgment dated 29.5.1985 of the Judge, Special Court, Ferozepur in Case No.62/84, Trial No.23/85 and FIR No.154 of 1984.
During past midnight of June 4 5, 1984 at about 12.30 a.m. PW 3 and PW 4 heard gun shot fire and got up and saw with visibility of electric light emanating from the house of one Gurbax Singh whose son was examined on DW 2 that A 1 was firing with rifle at D 1 to D 4 and A 2 and A 3 hitting them with Gandasas sharp edged weapons .
The accused were examined under s.313 and denied their companyplicity and examined DW 1 to DW 3 to prove that the bulb of Gurbax Singh was number burning and PW 3 was residing at Medhak and he was brought to Kotli Ablu by the Police and PW 4 was companyscious and did number disclose the names of the appellants at that time.
In the F.I.R. he stated that he had heard gun shot firing from the side of the liquor shop.
Under Ex.
PW 5 and PW 2 the Doctor admitted that the omission of the names of the accused in the case diary and memos would belie the theory of witnesses.
Shri Lalit, the learned senior companynsel for the appellants companytended that the evidence of PW 3 and PW 4 is highly artificial, unbelievable and untrustworthy barring their evidence, there is numberother evidence to companynect the appellants with the companymission of the crime.
Seven empty and two live cartridge fired from M 0/11 rifle of 351 bore of U.S.A. make belonging to A 1 were recovered from the scene of occurrence.
The wives of D 2 and D 4 are sisters.
During the companyrse of the same transaction PW 4 sustained 7 lacerated gunshot injuries and one incised injury is also admitted through the evidence of DW 2 and DW 3, PW 2, the Doctors evidence companyclusively established that D 1 and D 2 died due to gun shot injuries.
It is the case of the prosecution that at about 9.00 p.m. On June 4, 1984, A 1 and A 3 came to the liquor shop of D 3 wherein PW 3, D 1, D 2 and PW 4 were also present and were vending the liquor.
PW 3 jumped towards back side of the shop and ran towards the village and hid in the school.
Accordingly he recorded the statement.
PW 4 and D 2 were vending liquor under them.
The omission of the names of the accused in the cause title Banam would clearly show that PW 3 and PW 4 were number direct witnesses and PW 3 was introduced at a later stage and he was number examined at the inquest and that PW 4 did number identify the appellants.
P 25 to ballistic expert for report.
D 2 and PW 4 were working in the liquor shop.
P 24, recited that three unknown assailants had killed the deceased.
PW 5 sent two pellets recovered by him from the body of D 4 to the Ballistic and Chemical Examination.
The defence companysented to mark F.I.R., the affidavits of panch witnesses and companystables the fire arms licence of A 1 under Ex.
This was also further companyroborated from the fact that admittedly Ex.
Gandasa was stained with human blood as per the report Ex.
He also prepared rough sketch of the scene under Ex P1/A. He recovered the blood stained earth and companys etc.
D 3 and D 4 were found to have 4 gun shot lacerated and two incised injuries and 5 lacerated and two incised injuries respectively.
D 4 came to see D 2 as they were married sisters.
In view of the decision of this companyrt in Allauddin v. State of M.P., J.T. 1989 2 SC 171 and Anguswamy v. State of Tamilnadu, J.T. 1989 2 SC 184 the sentence of death awarded to A 1 is illegal.
M 0/11.
DW 3 the Sarpanch of Madhok spoke that PW 3 alongwith the panch witnesses were brought from Madhok in a Jeep by the police, so he is a planted witness.
He remained on the spot till 10.30 p.m. and saw the light emanating from the house of Gurbax Singh and falling at the scene of occurrence.
A 2 had numberaxe to grind against the deceased.
Equally PW 4 sustained injuries is also established.
On June 7, 1984 at about 7.00 a.m. he received an endorsement that PW 4 was in a fit companydition to make the statement.
PW 5 enclosed the companyies of his statement to the inquest report Ex.
302/34 and 307/34 I.P.C. When they were asked under s.235 2 , they declined to lead evidence and the Sessions Court awarded sentence to the accused as referred to earlier.
A 1 and A 2 are brothers and are residents of Kotli Ablu and Sohna Singh, A 3 is their maternal uncle mothers brother and a resident of Rameana situated at a distance of 8 km.
Injuries 1 to 7 were caused by gun shot fire and injury 8 by a sharp weapon.
D 4 came to see D 2.
Injuries and one incised injury and issued medical certificate Ex.
P 28, the Ballistic expert found that the empties Ex.
PW 5 after issuing F.I.R. to all the companycerned, went alongwith police party to the spot at numbern and saw the dead bodies.
to Kotli Ablu.
Seeing PW 3 and PW 4 on the terrace A 1 fired at them but they escaped uninjured and they jumped down.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.490 of 1985.
He sent M.O.S.1 to 9 cartridges and pellets recovered from body of D 4 under Ex.
The story that PW 3 and PW 4 climbed on the terrace and were sleeping is false as they cannot climb to a height of 8/1/2 ft.
P 3, P 5, P 7 and P 9 respectively.
It was resisted by Mr.Das Bahl, learned companynsel for the State.
These are the admitted facts.
They sold one bottle of liquor to A 1 and A 3 on credit.
Therefore, it was highly doubtful whether A 2 had participated in the offence.
Therefore, the deaths of D 1 and D 2 due to gunshot injuries and D 3 and D 4 due to gunshot and incised injuries are proved beyond doubt.
As regards to the third appellant A 3 , it is his companytention that he is a resident of Rameana.
He found as many as 7 lacerated gun shot injuries and one incised injury and issued medical certificate Ex.
PW 2 who companyducted the post mortem on D 1 and D 2 found on each of the dead bodies two gun shot entry and exit wounds.
He was also further companyvicted under s.307 read with s.34, P.C. and sentence to undergo rigorous imprisonment for 5 years for attempt to murder Ashok Kumar, PW 4.
M 0/1 to M 0/9 under panchnama Ex.p 18.
He removed M.O.S.16 and 17 pellet from the body of D 4.
S.Das Behl and R.S.Suri NP for the Respondent.
PW 3 or PW 4 do number know A 6 at all.
The Judgement of the Court was delivered by RAMASWAMY,J. This appeal under s.14 1 of the Terrorist Affected Areas Special Courts Act, 61 of 1984 for short the Act the reference under s.15 3 thereof and s.366 of the Code of Criminal Procedure, 1973 for short the Code for companyfirmation of the death sentence of Malkiat Singh, accused No.
P 17 and also the reports of the ballistic expert and chemical examination reports without oral evidence.
The accused were examined 3 witnesses and marked the documents.
Both left the shop in anger.
Thus the appellants were implicated by suspicion and the prosecution had number established the guilt of the appellant beyond reasonable doubt.
PW 3 and PW 4 have numberprior acquaintance with him.
M 0/1 to M 0/9 had been fired from rifle Ex.
R.Lalit and Prem Malhotra for the Appellants.
D 1 and D 2 slept on a company in front of the liquor shop.
D 1 came and was vending on the fateful day in the shop.
D 3 and D 4 also had gunshot lacerated as well as incised injuries.
Thereon A 1 and A 3 abused them and a quarrel ensued.
The police did number examine him till June 7, 1984 as the assailants were number known.
A 2 hit him on the right shoulder and had incised injury.
P 27 and sent them to the chemical examination and the ballistic reports.
under Ex.
He was examined at the inquest and he also attested the statement recorded by the police at the inquest.
A 2 and A 3 were companyvicted under s.307 read with S.341 I.P.C. for attempt to murder of PW 4 and were sentenced to undergo rigorous imprisonment for 5 years, all the sentences to run companycurrently.
M 0/11 rifle, 351 bore semi automatic of U.S.A. make loaded with two cartridges M 0/12 and M 0/13 under panchnama in the presence of panch.
There was numberlight in the house of DW 1 and PW 3 and PW 4 companyld number have identified the assailants.
P 4, P 6, P 8 and P 10 and sent the dead bodies with the reports for post mortem by PW 2 Doctor.
D 1 and D 2 each had two entry and exit wounds due to gun shots.
They also died on the spot due to the injuries which are sufficient to cause death in the ordinary companyrse of nature.
