GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been convicted under S. 302 of the Penal Code and has been sentenced to undergo rigorous imprisonment for life. He has also been convicted under S. 307 read with S. 34 of the Penal Code and sentenced to undergo rigorous impris . onment for 5 years.

(2.) The appellant was put on trial along with Kaur Singh, Hakam Singh and Bant Singh for having committed the murder of Hardip Singh and attempting to cause the murder of Panna Singh (PW 15). The trial Court convicted all the four accused persons including the appellant under different sections of the Penal Code. However, on appeal being filed the High Court set aside the convictions and sentences passed against the aforesaid Hakam Singh and Bant Singh and acquitted them of the charges levelled against them. The convictions and sentences passed against the appellant and Kaur Singh were upheld by the High Court. We are informed that the Special Leave Petition filed on behalf of Kaur Singh before this Court against the same judgment of the High Court has been rejected by this Court.

(3.) The case of the prosecution is that on 7th February, 1977 at about 9.00 p.m. Hardip Singh (deceased) and Panna Singh (PW 15) had gone to the house of Harnek Singh (PW9) for the services of sons of Harnek Singh for sowing onions on the following morning. Harnek Singh expressed his difficulty in view of the fact that one of his sons was indisposed and the other was away from the village. Thereafter Harnek Singh (PW 9) and Panna Singh (PW 15) and Hardip Singh (deceased) left for the houses of harijans to engage the labourers. On the way they found the appellant and Kaur Singh armed with DBBL 12 bore guns, Bant Singh (since acquitted) armed with a rifle and Hakam Singh (since acquitted) armed with a Gandasa standing in front of them at the junction of the lanes. The appellant said that the enemies had come and saying this he opened fire and shot at Hardip Singh on his face. Hardip Singh fell down and died on the spot. Kaur Singh fired a shot from his gun on Panna Singh (PW 15) on his face. Panna Singh ran and fell down towards the main lane. Bant Singh also fired at Harnek Singh (PW9) but he missed the target.