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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Amarpreet Singh & Ors. - Appellants
Versus
State Of Punjab And Ors. - Respondents
CRA-D-1236-DB-2015, CRA-D-1322-DB-2015, CRA-D-1325-DB-2015, CRA-D-1448-DB-2015 and CRA-AD-74-2015
Decided On : 16-10-2019
Indian Penal Code - Offences - Sections 120-B, 302 - Arms Act - Sections 25, 27
Fact of the Case:
The case involved the conviction of appellants for offences under Sections 120-B, 302 of the Indian Penal Code and Sections 25 and 27 of the Arms Act. The deceased was shot and killed by the appellants following a confrontation, and the prosecution presented evidence including witness testimonies, medical reports, and forensic evidence.
Finding of the Court:
The court found the appellants guilty of the charged offences beyond reasonable doubt, based on witness testimonies, medical evidence, and forensic reports. The court also dismissed the appeal filed by the complainant seeking conviction under Section 302 IPC instead of Section 304 Part I IPC.
Issues: The main issues revolved around the appellants' involvement in the shooting and killing of the deceased, the presence of common intention, and the sufficiency of evidence to establish guilt beyond reasonable doubt.
Ratio Decidendi: The court relied on witness testimonies, medical evidence, and forensic reports to establish the guilt of the appellants. The court also considered the presence of common intention and the dying declaration made by the deceased before reaching its decision.
Final Decision: The appeals were dismissed, and the appellants were directed to undergo the remaining sentence imposed by the trial Court. The appeal filed by the complainant was also dismissed.
JUDGMENT
Rajiv Sharma, J. - Since common questions of law and facts are involved in the aforesaid appeals, therefore these are taken up together and disposed of by a common judgment.
2. These appeals have been instituted against the judgment and order dated 03.08.2015 rendered by the Sessions Judge, Gurdaspur, in Sessions case no. 28 of 2011 whereby appellants Amarpreet Singh, Amardeep Singh @ Sunny, Jasdeep Singh @ Jassu and Ramsimran Singh Makkar were charged with and tried for offences punishable under Sections 120-B, 302 of the Indian Penal Code (in short 'IPC') and 25 and 27 of the Arms Act. The appellants were convicted and sentenced as under:-
Name of convict | Offence under Section | Sentence |
Ramsimran Singh Makkar | U/s. 304 Part I IPC | To undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine to undergo further RI for one year. |
| U/s. 25 Arms Act | To undergo rigorous imprisonment for two years and to pay fine of Rs. 2000/- and in default of payment of fine to undergo further RI for three months. |
| U/s. 27 Arms Act | To undergo rigorous imprisonment for five years and to pay fine of Rs. 5000/- and in default of payment of fine to undergo further RI for six months. |
Amardeep Singh Sachdeva | U/s. 304 Part I, read with Section 34 IPC U/s. 25 Arms Act | To undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine to undergo further RI for one year. To undergo rigorous imprisonment for two years and to pay fine of Rs. 2000/- and in default of payment of fine to undergo further RI for three months. |
Jasdeep Singh | U/s. 304 Part I, read with Section 34 IPC | To undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine to undergo further RI for one year. |
Amarpreet Singh Narula | U/s. 304 Part I, read with Section 34 IPC | To undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine to undergo further RI for one year. |
All the substantive sentences were ordered to run concurrently.
3. The case of the prosecution, in a nutshell, is that the case was registered at the instance of Rajbir Singh, father of the deceased on the allegations that he was owner of Sekhon Grand Hotel, near Namdev Chowk, Jalandhar. He and his son used to remain at the hotel. On the intervening night of 20/21.04.2011 his son Gurkirat Singh did not come back to the house till late hours of night. Then at about 12.45 A.M. he went to see him. When he reached near Baba Rasoi Dhaba, he found his son Gurkirat Singh along with Sukhdev Singh son of Chanan Singh, resident of village Barsal, P.S. Lambra, District Jalandhar, standing on the main road. All the accused were also standing there. They were exchanging hot words with his son. He tried to intervene. In the meantime, accused Amardeep Singh @ Sunny took out revolver from his dab and grappled with his son. Accused Jasdeep Singh and Prince Narula raised lalkara instigating Ramsimran Singh what were they waiting for. Accused Ramsimran Singh took out revolver from his dab and fired on the back of his son Gurkirat Singh. Gurkirat Singh collapsed on the ground. Accused ran away from the spot. He with the help of Varun Gumbar, owner of the Baba Rasoi Dhaba and Sukhdev Singh put Gurkirat Singh in his vehicle. His son was taken to Satyam Hospital. He succumbed to the fire arm injuries. He and Sukhdev Singh witnessed the whole occurrence. The motive behind the occurrence was that some time ago, police had raided his hotel at the instance of Ramsimran Singh Makkar, due to which his son and Ramsimran Singh were not on good terms. His statement is Ex. P.L. FIR Ex. PL/1 was registered. Investigating Officer along with the complainant went to Satyam Hospital, Jalandhar. He prepared inquest report. He got the post-mortem conducted on the dead body. He raided the house of the accused. The blood stained clothes of the deceased along with bullet which was extracted from the dead body during post-mortem examination, were taken
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