LexMALKIAT SINGH AND ORS versus STATE OF PUNJAB
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A MALKIAT SINGH AND ORS. v. STATE OF PUNJAB APRIL 10, 1991 Yff, B [A.M. AHMADI, V. RAMASWAMI, K. RAMASWAMY, JJ.] •' • Terrorist Affected Areas (Special Courts) Act, 1984--Sections 14, 15-Conviction under Section 307 J.P. C. read with Section 34, !PC- F.I.R. ocular defence evidence, circumstantial evidence, memos sent to Medical Officer, case diary-Appreciation of-Principles to be fol- c lowed indicated. ,_ ~ ' Code of Criminal Procedure, 1973-Sections 174, 175, 162- ' Police Officer-Powers of-"Previous statement"-Meaning of- Object of Section 162 indicated-Statement of witness examined during inquest-Evidential value of. D Terrorist Affected Areas (Special Courts) Act, 1984--Sections 14, 15-Conviction under Section 307 read with Section 34, !PC- Sentence-A warding of-Sufficient opportunity to be given to prosecu- - lion and accused-Awarding sentence on the same day of finding ,_ guilt-Whether contravenes Section 235, Code of Criminal Procedure, l. ';,.""-' E 1973. The case of the prosecution was that at about 9.00 p.m. on June 4, ,. 1984, A-1 and A-3 came to the liquor shop of D-3 wherein PW-3, D-1, D-2 and PW -4 were also present and were vending the liquor. They sold one bottle of liquor to A-1 and A-3 on credit. After its consumption A-1 ,A F and A-3 demanded another bottle to which D-3 refused to sell on credit. Thereon A-1 and A-3 abused them and a quarrel ensued. Both left the shop in anger. D-1 and D-2 slept on wooden takthposh in front of the liquor shop. PW-3 and PW-4 climbed the roof of the shop and slept there. During past mid-night of June 4-5, 1984 at about 12.30 a.m., ~ .. • PW -3 and PW-4 heard goo shot fire and got up and saw with the G vigibility of electric light emanating from the house of one Gurbax Si':f,:, the father of DW-2 that A-1 was firing with rifle at D-1 to D-4 an A-2 and A-3 hitting them with Gandasas (sharp edged weapons). ;!__. Seeing PW-3 and PW-4 on the terrace A-1 fired at them but they escaped uninjured and they jumped down. PW -3 jumped towards back side of the shop and ran towards the village and hid in the school. PW -4 H jumped to thi front side and ran towards the village. A-1 fired at PW-4 ' 256 ' I l ' • • I ~ .. MALKIAT SINGH v. STATE OF PUNJAB 257 and A·2 hit him. He received seven bullet injuries fired by A· l on the backside, of right leg, thigh and left side of the abdomen while he was running. A·2 hit him on the right shoulder and had incised injury. He ran to the house of PW -3 with bleeding injuries, knocked the doot aud fell down unconscious. On June 5, 1984 at about 9.00 a.m. the Chowkidar of the village reached Kotli Police Station and reported to PW-5, S.H.O. who reduced F.I.R into writing. In the F .I.R. the chowkidar stated that he had heard gun:shot firing from the side of the liquor shop. Due to fear and the prevailing tense situation he did not come out. Next day morning he saw several people collected at the liquor shop and saw the dead bodies of D-1 to D-4 and PW-4 was lying unconscious in the house of DW-3 and he was asked to report the matter accordingly. The defence consented to mark F.i.R., the affidavits of the panch witnesses and constables, the fire arms licence of A-1 under Ex. p-17 and also the reports of the ballistic expert and chemical examination A B c reports without oral evidence. D --. The lower court believed the direct evidence of PW-3 and PW-4 and the prosecution case that A·l rrred at the deceased with MO 11 rifle, A-2 and A-3 also participated in the attack. The first accused was convicted under s. 302 read with s. 34, E I.P.C. for causing the deaths of D-1, D-2, D-3 and D-4 and sentenced to death subject to comrrmation by this Court. He was also further con- victed under s. 307 read with s. 34, l.P .C. and sentenced to undergo rigorous imprisonment for 5 years for attempt to murder PW-4. A-2 and A-3 were convicted under s. 302 read withs. 34, I.P.C for causing deaths of D·l to D-4 and sentenced to undergo imprisonment for life. F A-2 and A-3 were convicted under s. 307 read with s. 34 l.P.C. for attempt to murder of PW-4 and were sentenced to undergo rigorous imprisonment for 5 years, all the sentences to run concurrently, against which the accused filed appeal u/s. 14(1) of the Terrorist Afl'ected Areas (Special Court) Act, 1984. G The appellants contended that the evidence of PW-4 was highly artificial, unbelievable and untrustworthy; tha
Excerpt shown. Read the full judgment & AI analysis in Lexace.