JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, Jagtar Singh was tried along with two others for an offence punishable under Section 302, IPC read with Section 34, IPC. The accusation against him was that he caused the death of Balkar Singh and Nirmal Singh by firing at them with a gun. The prosecution examined some eye-witnesses. Doctor's evidence also proved that, the two deceased died of gun shot injuries. The accused, Jagtar Singh also had injuries which were caused by a fire arm. He pleaded in his statement under Section 342, Cr.P.C. before the trial Court that two deceased and other persons armed with guns shot at him and he in his self defence had shot at them and that resulted in causing injuries to the deceased persons, who died. The trial court acquitted the other two accused, but convicted the appellant under Section 304, Part I, IPC and sentenced him under each count to ten years imprisonment, but directed the sentences to run consecutively. He was further convicted under Section 27 of the Arms Act to two years rigorous imprisonment and to pay a fine of Rs. 500/-.

(2.) The State preferred An. appeal and the High Court held that the offence committed by the appellant was one punishable under Section 302, IPC and under each count, namely, causing the death of two persons, sentenced him to imprisonment for life, This appeal is preferred against the said Judgment of the High Court.

(3.) The learned counsel for the appellant submits that the High Court has not properly appreciated the right of the self defence and that the injuries found on the appellant would go to show that he was shot at and, therefore, .his plea that in exercise of right of self-defence, he shot at the two deceased persons should have been accepted and he should have been acquitted completely.