GURDIPSINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, Gurdip Singh, was convicted under S. 302, Indian Penal Code, and sentenced to death by the Sessions Judge, Amritsar, for the murder of his father Murta Singh. He appealed to the High Court and a reference was also made for the confirmation of his death sentence under S. 374 (4) of the Criminal Procedure Code. The appeal was dismissed by the High Court and the sentence was confirmed. He has appealed to this court by special leave.

(2.) The case of the prosecution was that Murta Singh deceased had married Dalip Kaur. The appellant was born of that union and he had two other brothers. Dalip Kaur died and Murta Singh married her sister Basant Kaur. She gave birth to Sohan Singh. Sohan Singh and Basant Kaur were living with Murta Singh. Gurdip Sigh and his brothers were living separately. It appears that Murta Singh had effected a partition of land about 10 to 12 years ago and had given 3 killas to each son for cultivation. These lands were irrigated from a common jhallar. On March 20, 1969 Sohan Singh was irrigating his fields from the jhallar in the morning. At about noon time the appellant came there and asked Sohan Singh to allow him to take water from the jhallar for the irrigation of his own fields. Sohan Singh declined to do so and said that the appellant could take his turn in the evening. There was some exchange of hot words and abuses between the two step-brothers. Murta Singh deceased was present and it is alleged that he took the side of Sohan Singh. Thereafter the appellant went to the village. At about 3 p.m. the appellant, who is a Home Guard Volunteer, returned with his 303 rifle which had been issued to him by the Government. He shouted that he would kill his father. Sohan Singh and Mula Singh the real brother of Murta Singh who also happened to have come there raised an alarm which attracted Harbans Singh. The appellant at first fired one shot from his rifle which hit his father on the right knee. He then fired a second shot and hit his father in the biceps of the left arm, Murta Singh fell down and the appellant started chasing Sohan Singh but on alarm being raised by Mula Singh and Harbans Singh he did not do him any harm. He returned to the village with his rifle, Murta was put on a cot and taken towards the hospital. He, however, died on the way.

(3.) Sohan Singh and Mula Singh appeared as prosecution witnesses and deposed to the appellant having fired the shots by which his father was hit and which led to his death. According to the learned Sessions Judge and the High Court Mula Singh who was the brother of the deceased tried to show a soft corner for the appellant because he stated at the trial that the deceased was a Nihang Sikh who carried a Barchha and that he had advanced threateningly towards the appellant immediately before he fired the shot. No Barchha was found at the spot and the appellant had not stated in the statement under Section 342, Criminal Procedure Code, that he apprehended any harm at the hands of his father. At any rate the Sessions Judge and the High Court relied on the evidence of these two witnesses as also the fact that the appellant had surrendered his rifle and ammunition to his Company Commander a day after the occurrence and had made an extra-judicial confession to Lachhman Singh P.W. One empty shell had been found at the spot and according to the evidence of the Forensic Expert that shell had been fired from the rifle which had been surrendered by the appellant.