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2019 Supreme(P&H) 779

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJIV SHARMA, HARINDER SINGH SIDHU, JJ.
Hardam Singh — Appellant
Versus
State Of Punjab — Respondent
Criminal Appeal (D) No. 109, 146, 298 of 2014
Decided on : 12-09-2019

Advocates:
Advocate Appeared:
D.S. Malwai, Adv., Preetinder Singh Ahluwalia, Adv., R.S. Cheema, Adv., A.S. Cheema, Adv., Suveer Sheokand, Adv.

JUDGMENT :

Rajiv Sharma, J.

Since common questions of law and facts are involved in CRAD-109-DB of 2014, CRA-D-146-DB of 2014 and CRA-D-298-DB of 2014, therefore, these are taken up together and being disposed of by a common judgment.

2. These appeals are instituted against judgment dated 23.12.2013 and order dated 24.12.2013, rendered by learned Additional Sessions Judge, Ferozepur, in Sessions Case No. 54 of 14.05.2003. Appellants Hardam Singh, Piara Singh, Narinder Pal Singh and Harcharan Singh along with co-accused Gurcharan Singh, Ramesh Singh, Joginder Singh, Tarlok Singh, Gurmukh Singh, Shankar Lal Sharma, Swaran Singh, Baljinder Singh alias Balwinder Singh, Major Singh, Ramji Lal and Thana Singh were charged with and tried for the offences punishable under Sections 148/302/307 read with Section 149 IPC. Appellants Narinder Pal Singh, Harcharan Singh along with co-accused Gurcharan Singh and Ramesh Singh were also charged with and tried for the offence punishable under Section 27 of the Arms Act. The appellants were convicted and sentenced as under :-

Name of the appellant

Convicted under Section

Sentenced to

In default of payment of fine

Hardam Singh, Piara Singh, Narinder Pal Singh and Harcharan

Singh 148 IPC

Rigorous imprisonment for three years and to pay fine of Rs. 5,000/-.

Rigorous imprisonment for six months

Hardam Singh, Piara Singh, Narinder Pal Singh and Harcharan Singh

302/149 IPC

Rigorous imprisonment for life with fine of Rs. 25,000/-.

Rigorous imprisonment for one year.

Hardam Singh, Piara Singh, Narinder Pal Singh and Harcharan Singh

307/149 IPC

Rigorous imprisonment for ten years and to pay fine of Rs. 15,000/-.

Rigorous imprisonment for ten months

Narinder Pal Singh

27 of Arms Act

Rigorous imprisonment for two years with fine of Rs. 5,000/-.

Rigorous imprisonment for four months.

Harcharan Singh

27 of Arms Act

Rigorous imprisonment for two years with fine of Rs. 5,000/-.

Rigorous imprisonment for four months.

All the substantive sentences were ordered to run concurrently.

3. Co-Accused Gurcharan Singh, Ramesh Singh, Gurmukh Singh, Shankar Lal Sharma, Swaran Singh, Joginder Singh Constable, Baljinder Singh alias Balwinder Singh, Major Singh, Ramji Lal and Thana Singh were acquitted of the charges framed against them. Co-accused Joginder Singh retired Sub Inspector and Tarlok Singh died during the pendency of trial, therefore, criminal proceedings against them were abated. Co-accused Kala Singh was declared proclaimed offender.

4. Narinder Pal Singh - appellant No.1 in CRA-D-298-DB of 2014 died during pendency of the appeal on 27.11.2017. Hence, appeal qua him stands abated.

5. The case of the prosecution, in a nutshell, is that earlier, FIR No. 179 was registered on 25.10.1991 at Police Station City Abohar. It was registered on the basis of statement made by ASI Narinder Pal Singh. According to the prosecution case, workers of Bhawani Cotton Mill situated in City Abohar had gone on strike. The Mill management, in order to resolve the issue, sought interference of the police. On 25.10.1991, ASI Narinder Pal Singh reached in the premises of the Mill. He tried to persuade the labourers/workers. Ram Avtar, Uttam Chand and Bangali Babu, being members of INTUC, used to interfere at the time of negotiations. They were not employees of the Mill. The Mill workers were holding dharna. The police party resorted to firing from their respective weapons. Six persons were killed at the spot. Two persons succumbed to injuries in the hospital. Eighteen persons were injured.

6. Ram Avtar and another had filed Criminal Miscellaneous No. 9179-M of 1996 under Section 482 of the Code of Criminal Procedure seeking direction for registration of first information report against re

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