JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted against judgment dated 20.02.2014 and order dated 22.02.2014 rendered by the Additional Sessions Judge, Amritsar, in Sessions Case No.0484 (22994/2013 new) of 24.03.2011 whereby the appellant along with his co-accused Sanjeev Kumar alias Babba, who were charged with and tried for offence punishable under Sections 302 of the Indian Penal Code (in short 'IPC') have been convicted thereunder and have been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- each. Sanjeev Kumar alias Babba had filed separate appeal bearing No.CRA-D-660-DB-2014. However, he died during pendency of the appeal and his appeal stood dismissed as abated on 17.05.2019.

2. The case of the prosecution in a nutshell is that on 15.01.2010 Balwinder Kumar (PW-1) had filed complaint to the effect that he was working with Fultron Bank located at Kachehri Chowk, Amritsar. He was present in the Court Complex, Amritsar on that day in connection with some personal work. When he was present in front of main gate (cantonment side) of Court Complex, his friend Jatinder alias Raju Chikna son of Jagtar Singh and another friend Sukhwinder Singh alias Boby Pehalwan son of Mohinder Singh reached there. Both Jatinder alias Raju Chikna and Sukhwinder Singh alias Boby happened to be present in the Court in order to attend some court hearing. It was around 2.00 P.M. While they were talking to each other, a grey coloured Scropio car arrived at the scene. It came from the side of Civil Lines Chowk. Abhijeet Singh alias Ankur Likhari, Sanjeev Kumar alias Babba and one Sabhi Shivala son of Jagga alias Gursharan Singh alias Tejwinder Singh alias Teja Pardhan along with 3-4 unidentified young men were present in jeep. All of them came down from the jeep. They were armed with pistols. Sanjeev Kumar alias Baba and Abhijeet Singh alias Ankur Likhari as soon as they got down from the jeep, started hurling abuses on Jatinder alias Raju Chikna. They opened fire. Bullet hit on the head of Jatinder alias Raju Chikna. He fell down on the spot. He was removed to hospital. Police visited the spot. Blood stained earth was shifted from the spot. Police recovered 6 empty rounds of .32 bore pistol, 4 empty round of 9 mm pistol, 4 empty rounds of 7.6 mm pistol. It transpired that HC Jagjit Singh had also received injuries. His statement was recorded. Injured Jatinder alias Raj Chikna died on 17.01.2010. Recovered articles from the scene were sent for forensic examination. Investigation was completed. The challan was put up after completing all the codal formalities.

3. The prosecution examined a number of witnesses. Statements of accused were recorded under Section 313 Cr.P.C. They denied the case of prosecution. The appellant along with his co-accused Sanjeev Kumar alias Babba was convicted and sentenced, as noticed hereinabove.

4. Learned counsel appearing on behalf of the appellant has vehemently argued that the prosecution has failed to prove the case against the appellant.

5. Learned counsel appearing on behalf of the State has supported the prosecution case.

6. We have heard learned counsel for the parties and have gone through the judgment and record very carefully.

7. Pw-19 Dr. Raj Kamal had examined injured Ramesh Kumar.

8. Pw-20 Dr. Kuldeep Kumar deposed that the post-mortem examination of deceased Jatinder alias Raju Chikna was conducted on 18.01.2010 by Dr. Kirpal Singh Azad. Dr. Kirpal Singh Azad was suffering from cancer and was under treatment. He brought the original post-mortem report. The cause of death in this case was due to laceration and compression of brain due to extra dural hematoma, sub-dural hematoma and sub-arachnoid hematoma which were sufficient to cause death in ordinary course of nature.

9. Pw-22 Dr. Avtar Singh, Orthopadeic Surgeon had examined injured Jagjit Singh. He gave his opinion vide Ex.PW2