J U D G M E N T

DIPANKAR DATTA, J.

THE APPEAL

1.

This is an appeal, by special leave, by 4 (four) appellants. They call in question the judgment and order dated 04^th May, 2011, [impugned judgment, hereafter] passed by the High

2 3 Court of Judicature at Punjab and Haryana dismissing a criminal appeal

4 under section 374(2) of the Code of Criminal Procedure, 1973 . Such appeal was preferred by the appellants, arraigned as “A-1”, “A-2”, “A-3” and “A-4” in the trial, and a co-accused (“A-5”). The judgment of conviction and the Signature Not Verified

Digitally signed by satish kumar yadav Date: 2024.09.25

17:49:29 IST Reason:

2 High Court, hereafter

3 Criminal Appeal No. 454-DB of 2001

4 Cr. PC, hereafter

order of sentence dated 04^th August, 2001, passed by the Additional Sessions Judge, Punjab, [Trial Court, hereafter] in a sessions case, [Sessions Case No. 121 of 1998] registered against A-1, A-2, A- 3, A-4 and A-5 was majorly upheld. While A-5 was acquitted, conviction of A-1, A-2, A-3 and A-4 and the sentence imposed upon them were maintained by the High Court. The Trial Court convicted A-4 under sections 148, 302, 307 of the Indian Penal Code, [IPC, hereafter] and section 27 of the Arms Act, while A-1, A-2 and A-3 as well as A-5 were convicted under sections 148, 302, 307 IPC read with section 34 IPC. All the accused were sentenced to life in prison.

2.

The appeal was heard in the presence of learned advocates for the parties on 09^th May, 2024. It was submitted in course of such hearing that A-4 might have died during pendency of the appeal and that A-1 and A-3 were juveniles as on the date of the offence, i.e., 12^th December, 1997. Learned advocate for the respondent - State of Punjab was directed to obtain appropriate instructions. He confirmed on 23^rd July, 2024 that A-4 was indeed no more, having breathed his last on 16^th February, 2019; hence, it was recorded by an order passed on that date that the appeal at the instance of A-4 stands abated. Insofar as the claim of juvenility raised by A-1 and A-3 is concerned, the same was overruled by an order passed by us on 23^rd July, 2024 itself.

BRIEF RESUME OF FACTS

3.

The facts, leading to the present appeal, may be summarised as follows:

a) The prosecution case was set in motion when P.W.8 - Inspector Gurbhinder Singh/Investigating Officer, SHO, Police Station Sadar, Taran Tarn, upon receiving information on 12^th December, 1997 from P.W.2 – Dr. Brij Mohan of the Civil Hospital, Taran Tarn - reached the hospital and recorded the statement of P.W. 3 – victim Puran Singh @ Bhola. P.W.3 recounted that on the morning of 12^th December, 1997 around 9:00 AM, he was standing outside his residence near the chowk, when A-1, son of A-4, came riding a scooter from the direction of the gurudwara and bumped into P.W. 3, causing minor injuries to little and the ring fingers of P.W. 3’s right hand. In response, P.W. 3 slapped A-1, who in return hurled pejoratives at P.W. 3. Indignantly, P.W. 3 again slapped A-1. Upon hearing the commotion, P.W. 4 – victim Jit Singh, deceased victim Karam Singh, [deceased no.1, hereafter], deceased victim Laddi and P.W. 5 – victim Jagga @Jagjit Singh intervened and separated P.W. 3 and A-1.

b) Within 15 minutes of such altercation, A-1, A-2 and A-3 (all sons of A-4), armed with dangs and sofas, accompanied by A-4 (who wielded a 12 bore double-barrel gun) and A-5 (armed with a dang) assembled on the street and while raising exhortations (lalkaras) attacked P.W. 3, P.W. 4, P.W. 5, and the deceased nos. 1 and 2, [victims, hereafter when referred to collectively]. A-1, A-2 and A-3 began brick batting and A- 4, with an intention to kill, fired five shots at the victims, resulting in minor injury to P.W. 3 and serious injuries to P.W.4, P.W. 5 and the victims.

9 deceased no.2, hereafter

c) First Information Report, [FIR, hereafter] was registered on 12^th December, 1997 at about

12:45 PM, for the offences under sections 307 and 148, IPC read with section 149, IPC and section 25 and 27 of