IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on 01.09.2025 Pronounced on: 17.09.2025 Joginder Singh Tiger and others .....Appellants Versus The State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S. GREWAL Argued by : Mr. P.S. Ahluwalia, Advocate with Mr. Roshneel Singh Brar, Advocate and Ms. Simerpreet Sekhon, Advocate for the appellants.

Mr. H.S. Deol, Sr. DAG, Punjab.

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MANJARI NEHRU KAUL , J .

1. The instant Criminal Appeal is directed against the judgement of conviction and order of sentence both dated 27.10.2004 passed by learned Additional Sessions Judge, Ludhiana, whereby appellants, namely Joginder Singh Tiger, Harjinder Singh alias Jind, Bhagwan Singh alias Honey, Jaspreet Singh, Varinder Singh alias Bittu, Avtar Singh alias Mara and Varinder Singh alias Billu, were convicted, in case FIR No.75 dated 06.05.2001 under Sections 302/324/323/148/149 of the IPC and Sections 25 and 27 of the Arms Act registered at Police Station Sarbha Nagar, Ludhiana, for the murder of Nirbhai Singh, Malkiat Singh and Gurnam Singh, and sentenced accordingly.

2. At the outset, learned counsel for the appellants has informed the Court that appellant No.1-Joginder Singh Tiger has since expired during pendency of the instant appeal. The factum of his death stands confirmed by the learned State counsel also.

3. In the circumstances, proceedings qua appellant No.1 Joginder Singh Tiger stand abated.

The Case of the Prosecution

4. The case of the prosecution, as unfolded during trial, is that there existed a long-standing dispute over Shamlat land between the complainant side, comprising Malkiat Singh and Nirbhai Singh, on one hand, and Joginder Singh Tiger and his family, on the other. Civil litigation in respect of the land had culminated in favour of both Malkiat Singh and Nirbhai Singh.

4(a). On 06.05.2001, at about 10.30 am, Malkiat Singh and Nirbhai Singh commenced raising construction upon the disputed land. At that stage, accused Joginder Singh Tiger arrived at the spot, accompanied by his associates. He was followed by accused Avtar Singh alias Mara, armed with a .12-bore single-barrel gun; accused Varinder Singh alias Billu carrying a .12-bore double-barrel gun; accused Harjinder Singh alias Jind wielding a gandasa; and accused Jaspreet Singh, Bhagwan Singh, and Varinder Singh alias Bittu, each armed with a kirpan. Accused Joginder Singh Tiger raised a lalkara, that none of the complainant's side should be spared.

4(b). On this exhortation, accused Avtar Singh fired a shot from his gun, which struck Nirbhai Singh on the chest. Almost simultaneously, accused Varinder Singh alias Billu discharged his double-barrel gun, inflicting a firearm injury on the chest of Malkiat Singh. Thereafter, accused Jaspreet Singh, Bhagwan Singh and Varinder Singh alias Bittu attacked Malkiat Singh and Nirbhai Singh with kirpans, causing further injuries. When Jagtar Singh (PW-7) and Sukhjit Singh (PW-6) attempted to intervene, they too were assaulted and sustained injuries.

4(c). At this juncture, Gurnam Singh reached the spot, raising an alarm. Accused Joginder Singh Tiger again shouted that he too should not be spared, upon which accused Varinder alias Billu fired at Gurnam Singh, causing firearm injuries on his thighs. All the injured were shifted to DMC Hospital, Ludhiana, where Malkiat Singh and Nirbhai Singh were declared dead. Gurnam Singh also subsequently succumbed to his injuries. Injured Sukhjit Singh and Jagtar Singh survived; they were both medically examined and found injured.

4(d). The medical evidence corroborated the prosecution version in material particulars.

4(e). Dr. U.S. Sooch (PW-1) and Dr. Anil Verma (PW-12) conducted the post-mortems on the three persons—Malkiat Singh, Nirbhai Singh and Gurnam Singh—who succumbed to the firearm injuries. They opined that :

● Nirbhai Singh had died due to firearm injury to the chest (Ex.PC).

● Malkiat Singh sustained a firearm injury which ruptur