MITHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mithu Singh, the accused appellant, and one Bharpur Singh were tried on charge under S. 302/34, IPC for the murder of Gurdial Kaur on 17-8-1985 at Village Bhame Kalan, District Bhatinda. In view of unlicensed pistols having been recovered from each one of them they were also charged under S. 27 of the Arms Act, 1959. On trial the Sessions Judge, Bhatinda found both the accused persons guilty of the offences charged. Each of them was sentenced to life imprisonment with a fine of Rs. 1,000/- under S. 302/34, IPC. They were also sentenced to two years rigorous imprisonment each under S. 27 of the Arms Act. Both the accused persons preferred appeals before the High Court of Punjab which have been dismissed. Special leave petitions were filed by both of them before this Court. On 19-7-1991 the SLP filed by Bharpur Singh was directed to be dismissed by this Court. However, the petition filed by Mithu Singh, the appellant has been entertained and leave granted.

(2.) According to the prosecution, Gurdial Kaur, the deceased, is said to have executed a sale deed of a piece of land in favour of late Gurdev Singh, the father of accused Bharpur Singh. Civil litigation for cancellation of the sale deed was pending between Gurdian Kaur and accused Bharpur Singh and his brothers. The enmity so erupted had also resulted in some criminal litigation between the parties. Thus, admittedly, there were strained relations between Bharpur Singh and the deceased, Gurdial Kaur.

(3.) On 17-8-1985, at about 2-30 p.m., Gurdial Kaur was sitting on a cot near her house. The two accused persons each armed with a .12 bore pistol came to the house of Gurdial Kaur. They shouted "Budhiya Takri Ho Ja. Tu Sanu Bohat Tang Kita Hai" (Old lady be strong. You have already harassed us enough). Bharpur Singh fired a shot with his pistol hitting the deceased on her left flank. She fell down on the cot and died immediately. Mukhtiar Singh, P.W. 11, who has a house adjoining the house of Gurdial Kaur and one Jagtar Singh saw the incident. They raised an alarm whereupon the two accused persons took to their heels. They were chased by some villagers. On way, they were joined by some police party also. Finding the police and the village people chasing them, the two accused persons turned and started running in directions opposite to each other. However, the party led by Sub Inspector Santokh Singh, P.W. 12 caught hold of Bharpur Singh. The party led by ASI Gurcharan Singh apprehended Mithu Singh, appellant. From his possession, a pistol, Exhibit P-6 was recovered. Mukhtiar Singh, P.W. 11, lodged an FIR. The usual investigation followed and the accused persons were challanged.