Ex-head constable sentenced to life in prison for killing ASI inside Dera Bassi police station

The court of District and Sessions Judge, Harpal Singh, on Monday sentenced head constable Kala Khan to rigorous imprisonment for life while noting that the Public Prosecutor had submitted that the accused was guilty of a very serious and heinous crime for which maximum punishment should be imposed.

“Now the dilemma is whether imprisonment for life should be imposed in this case or if it is a case fit for the death sentence. The Supreme Court of India has observed in many cases that capital punishment can be imposed only in rarest of rare cases. Prosecution has not brought any other evidence on record to show that accused is a habitual offender or that he has been convicted of offence of murder earlier. Analyzing the facts of the present case, in my opinion, it does not fall in the category of rarest of rare cases,” the court ordered.

The order further read that the period of detention already undergone by the convict during investigation and trial shall be set off from the sentence, and an amount of Rs 2 lakh shall be paid to the legal heirs of ASI Lakhwinder Singh as compensation on account of loss suffered by them.

The court convicted Kala Khan to life imprisonment after finding him guilty under Section 302 (murder) IPC. Khan was also sentenced to three years of rigorous imprisonment, and fined Rs 20,000, under Section 27 of Arms Act.

As per details, the incident took place on January 17, 2019, when the then Head Constable Kala Khan was present inside the Dera Bassi police station as the night munshi. The others present at the police station included ASI Parveen Kaur and head constable Lekh Raj.

At around 10 pm, ASI Lakhwinder Singh — who was the in-charge of traffic in Dera Bassi — had come to the police station regarding an issue with some traffic challans.

A little while later that night, Kala Khan and Lekh Raj had indulged in a verbal spat over some issue in the CCTNS room. The verbal spat had later escalated into a scuffle between the men, with Lakhwinder intervening and trying to pacify both the men.

According to details, Kala Khan had later picked up a INSAS rifle and fired a shot at ASI Lakhwinder Singh, hitting him on the neck and making him fall down at the spot.

ASI Parveen Kaur along with Lekh Raj had soon after arranged a government vehicle and rushed Lakwhinder to Civil Hospital, Dera Bassi, where the doctor declared him brought dead. An FIR was later lodged under Section 302 (murder) of the Indian Penal Code (IPC ) and under Section 27 of Arms Act against Kala Khan.

The prosecution, during the course of trial, had examined as many as 16 witnesses, besides adducing documentary evidence.