Santokh Singh & Anr vs State Of Punjab

2. The prosecution case is that Inspector Harvinder Singh, Station House Officer, Police Station, Civil Lines, Amritsar, alongwith other officials including Balwinder Singh, ASI, Tarsem Singh, Constable, Bikram Singh, Constable, happened to be present at Chowk Ciivil Lines, Amritsar, in connection with patrolling during the night of 14.7.2002. At about 10.45 p.m., Rajiv Kumar son of Prem Nath Sharma resident of House No. 75/5, Gulati Road, Amritsar Cantt, met them. He gave them a written application dated 14.7.2002 (Ex. PE) giving the details about the death of Sanjay Kumar @ Shammi. On the basis of the complaint, FIR (Ex. PD) was registered at the Police Station, Civil Lines, Amritsar at 11:30 p.m. The deceased, cousin of the complainant, was working in Air Force MES as FGM and was residing in MES Quarter No. 23/4. He was Secretary of an Employees' Union. He, however, left the aforesaid Employees' Union. Two days later, he became the President of INTUC Union. 2 3 Accused (1) Santokh Singh, President of Employees' Union, (2) Sawarn Kumar (President of Employees' Union), GE Amritsar (3) Jagsher Singh Bhola, General Secretary, (4) Gurdev Singh, FMGHS II came to the quarter of the deceased in the presence of the complainant. They said that they wanted to discuss something about the disputes of the Union. They, therefore, took Sanjay alongwith them. Thereafter, Arjinder Pal Singh @ Prince, owner of a Hotel came to their house and told them that Sanjay has been shot dead. In the complaint, it is stated that the complainant had full confidence that all the four persons who had called Shammi from his house had made Shammi drink liquor and while he was under the influence of liquor, they had shot him dead after snatching his pistol. Endorsement Ex.P/1, was made on this statement by the Inspector and sent to the police station through Constable Bikram Singh. FIR (Ex. PE/3) was recorded on the basis thereof by Balbir Singh, SI. His signature 3 4 on the same was identified by Inspector Harvinder Singh when he appeared as PW-12 in the case.

3. The place of the incident, Hotel Genesis in the Cantonment area of Amritsar, was then visited by the Inspector alongwith other officials. The complainant Rajiv Kumar was also taken alongwith the police party. Santokh Singh and Sawarn Kumar were arrested from the spot. Licensed pistol of Sanjay Kumar was found lying near the dead body. One empty, one missed cartridge and three live cartridges were also recovered therefrom. Prithipal Singh, Sub Inspector (Finger Prints Expert) was called at that place and the pistol was got examined from him. It was opined by him that no decipherable finger print impressions were found. Santokh Singh and Sawarn Kumar (hereinafter referred to as "the appellants") were got medically examined and it was found that they had not consumed any drug or alcohol. The post mortem on the dead body of 4 5 Sanjay Kumar was duly performed and the dead body was handed over to his relatives. The other two accused Gurdev Singh and Jagsher Singh @ Bhola had, thereafter, surrendered in the Court. They were formally arrested in this case on 25.7.2002. During the investigation, no witness came forward to give an eye witness account as to how the weapon was snatched from Sanjay and how he was shot with the same weapon. The investigation, however, concluded that the four accused had called Sanjay Kumar from his house. It appears that extra judicial confession was made by Jagsher Singh @ Bhola and Gurdev Singh before one Vipin Kumar son of Mulakh Raj, resident of Ram Tirath Road, Amritsar to the effect that they had killed Sanjay Kumar. It was also stated that on 13.7.2002 in the presence of Prince Masih, son of Buta Masih, all the four accused persons, had condemned Sanjay Kumar for leaving the Union and joining INTUC. They had also said that they will have to do something in that connection. 5 6 The report of the Forensic Science Laboratory indicated that the pistol recovered from the site of incident was found to be in working condition. It also indicated that shots had been fired from the very same pistol. They were duly put on trial for the offence under Section 302/34 IPC and Section 25 of the Arms Act. At the trial, it was stated by Dr. Gurmanjit Rai (PW-1) that he had conducted the post mortem examination on the dead body of Sanjay Kumar @ Shammi on 15.7.2002 at 11.50 a.m. He had proved the post mortem report (Ex. PA). The report mentions that the following injuries were noticed on the deceased:-

Abrasion color was present at the lower margin of wound. Clotted blood was present.

2. Lacerated wound of 1.8 x 0.8 cm was present on left side of head in the temporal region, 5 cms above pinna of ear. Margins of wound were found everted Clotted blood was present."

6. The High Court upon re-examination of the entire evidence has confirmed the findings recorded in the impugned judgment qua appellant No. 1, Santokh Singh and appellant No. 2 Sawarn Kumar. However the co-accused Jagsher Singh @ Bhola and Gurdev Singh were acquitted of the charge under 302 read with Section 34 IPC. It is in these circumstances, that the two appellants have challenged the aforesaid judgment in this appeal.

18. We may notice the scenario which emerge from the proven facts, on record:-

20. In our opinion, the judgment of the trial court as also of the High Court do not call for any interference. The appeal is, therefore, dismissed.