State Of Punjab vs Gurlabh Singh & Anr

2. The prosecution case is that on 7th February, 1995 at 8.00 a.m., Bakhtaur Singh (informant), a student of B.A. Part I in D.A.V. College, Abohar and a resident of village commonly known as Dharangwala, alongwith Gagandip Singh son of Gurbans Singh and Mohinder Singh son of Simarjit Singh residents of the same village reached the bus stand of their village. They boarded a bus bearing registration No. PB-05- 9710. Deceased Karanjit Singh, who was a resident of Village Burj Muhar and student of the same College was also travelling in the same bus. When they crossed octroi post situated at Malout Road they found a Gypsy bearing No.HNX - 5000 standing on the road. Raju Narang @ Rajesh Narang armed with a DBBL gun signaled the bus to stop. When the bus stopped, Raju Narang and Gurlabh Singh entered into the bus and allegedly dragged the deceased out of it, whereafter on being asked by Raju Narang, Gurlabh Singh fired a shot from his .12 bore DBBL gun which hit the deceased. On alarm being raised, the appellants are said to have run away in the said gypsy.

3. Karanjit Singh was taken to the hospital in the same bus. On their way, they met Paramjit Singh son of Balwant Singh, resident of Dharangwala. The motive for commission of the offence is said to be 2 that few days prior thereto a quarrel had taken place between accused and the deceased and the latter was threatened by the accused that he would be taught a lesson.

On the basis of the abovesaid statement made by Bakhtawar Singh a First Information Report was recorded at 10.30 a.m. on the same date. A special report was also sent to the Judicial Magistrate Incharge, Abohar on the same date at 6.05 p.m.

4. The prosecution in support of its case examined the first informant Bakhtawar Singh as PW-1; Mohinder Singh, PW-2 and two doctors, who examined the deceased and conducted the post-mortem examination on his dead body, namely - Dr. Lal Chand Thakral, as PW-3, and Dr. Daljit Singh Kochar as PW-4.

5. One Mahabir Singh, who was said to be the gunman of Rajesh Narang was also arrayed as an accused. He was, however, discharged during trial.

According to the doctor, the patent was unconscious, his B.P. and pulse were unrecordable. Injury No.1 was declared dangerous in nature while injury No.2 was declared as simple in nature. The probable duration of the injuries was within six hours and injury No.1 was caused by fire arm while injury No.2 was the result of blunt weapon." Post-mortem examination

15. We, therefore, could not persuade ourselves to agree with the contention of Mr. Sinha.

The said application was dismissed. It itself goes to show that the learned Magistrate did not find any truth therein.

27. The bus did not have a regular stop at the place of occurrence. It was stopped by the accused which came in a gypsy. The defence that 30- 34 students surrounded the accused and inflicted injuries on the person of Mohinder Singh cannot be believed at all. Their travel to the place of occurrence in a gypsy and stopping the bus had not been explained. The likelihood, therefore, that the students who were traveling in the bus, finding the shots having been fired, manhandled Mahabir Singh at a later stage cannot be ruled out. It is, therefore, a case which comes within the purview of Thirdly of Section 300 of the Indian Penal Code. 19

28. The result is that the appeals of the State are allowed and that of the accused is dismissed.