Dilbagh Singh vs State Of Punjab

3. The occurrence took place at about 8.40 p.m. on 27.7.1991. First Information Report in regard to the said occurrence was lodged by Rajwinder Kaur (PW-3) at about 6.15 in the morning of 28.7.1991. The distance between Village Attalan and the Ghagga Police Station is said to be about 4 kilometers. The family had two residences; one at the Abadi and the other at the place where their farm is situated. At the time of the incident, the mother of the first informant- Lachhman Kaur was at the farm. Her father Gurbachan Singh had come to the village for taking the food. It is stated that he used to carry food for his wife also.

4. The first informant had two sisters and one brother. Her brother, namely Rachhpal Singh, had two sons; one of them was living in his maternal grandfathers family and another was living with them. His name is Malvinder Singh. He was aged about 11 years. Harvinder Kaur, the daughter of her elder sister was also living with them.

5. At the material time, allegedly, when Harvinder Kaur was putting fire in the Tandoor, three persons came to the house. They were armed. Allegedly, they enquired from her father, whether he had any gun. Answer thereto having been rendered in the affirmative, the gun was directed to be produced. The informant brought the gun together with six cartridges and the same was handed over to them. The father of the first informant was again asked a question as to how many sons he had. To that, he replied that he had only one son. Then they asked him to call his son also whereupon Malvinder Singh, her nephew went to call him. Rachhpal Singh, the brother of the first informant then came to the house. Again an enquiry was made as regards the whereabout of the mother. In reply to that question, they were informed that she was at Dera which is at some distance from there. Allegedly, the first informant, the father, brother and herself were asked to stand in one line and shots were fired at them. Whereas Gurbachan Singh and Rachhpal Singh died instantly, the shot which was fired on the first informant had hit at her back. Believing that all of the three are dead, they left the place. The first informant heard the sound of firing another shot near their Dera. Her mother later on was found dead.

7. In the First Information Report, although she did not name anybody, the descriptions of the accused were given. Appellant was purported to have been arrested while he was already in custody, purported to be on the basis a settlement made under Section 161 of the Cr.P.C. by one Chanan Singh, arrested on 17.9.1999. No test identification parade was, however, held.

8. The prosecution examined its witnesses only in 2004. The first informant, who in the meanwhile was appointed as a Constable in the Punjab Police Force, examined herself as PW-3. She purported to have identified the appellant for the first time in Court.

14. The learned Designated Judge failed to pose unto himself the relevant questions.

17. We, therefore, are of the opinion that in the facts and circumstances of this case, the impugned judgment is wholly unsustainable. It is set aside accordingly. The appeal is allowed. The appellant is in jail, he is directed to be released forthwith unless wanted in connection with any other case.