PUPINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment of the Punjab and Haryana High Court dated March 12, 1980, in Criminal Appeal No. 1577 of l980 affirming the judgment of the learned Sessions Judge, Ludhiana in Sessions Trial No. 43 of 1978 by which the appellant was convicted under Section 302, I.P.C. and Section 27 of the Arms Act and awarded sentence of imprisonment for life under Section 302, I.P.C. and two years rigorous imprisonment under the Arms Act. The accused No. 1 Iqbal Singh and accused No. 2, Pubinder Pal Singh were tried in the said Sessions Trial No. 43 of 1978 in. the Court of learned Sessions Judge, Ludhiana under Section 302 read with Section 34, I.P.C. and Section 27 of the Arms Act for committing murder of one Jaswant Singh son of Kirpal Singh on 13th July, 1978 at about 5.30 p.m. It may be stated here that the learned Sessions Judge acquitted the accused No. 1. Iqbal Singh, by giving him benefit of doubt. The short facts of the prosecution case are as follows :-

(2.) The accused No. 1, Iqbal Singh, the father of the accused No. 2 had migrated from Pakistan and was allotted land in village Kuliawal. Kirpal Singh father of the deceased, (P.W. 2) had also migrated from Pakistan and was allotted land in the village Kuliawal. Both Iqbal Singh and Kirpal Singh originaly were residents of village Narangwal and they had good relations. Iqbal Singh constructed godowns in the land belonging to the Panchayat in the village Kuliawal. Kirpal Singh made a complaint in the office of Municipal Corporation against Iqbal Singh for such encroachment and also filed a suit against him. In view of such complaint the relation between Iqbal Singh and Kirpal Singh became strained. On July 13, 1978, at about 5.15 P.M. P.W 2 Kirpal Singh, and his son Jaswant Singh, deceased, were standing at the crossing of roads in front of their house. The appellant, Pubinder Pal Singh, accused No. 2 and his father Iqbal Singh came on a tractor from the side of their house having guns with them. The said Pubinder Pal Singh and Iqbal Singh held out a threat to Kirpal Singh and his son Jaswant Singh by saying that it was not proper on their part to make complaint against them for the construction of the said godowns. Kirpal Singh replied that he had made such applications in public interest and advised them to go away. Iqbal Singh and the appellant Pupinder Pal Singh replied that they were very much aggrieved against Kirpal Singh since he was very close to them and thereafter they left in their tractor towards the house of Mistry, Piara Singh. Kirpal Singh and his son Jaswant Singh remained standing there. After 10-15 mintues, both the said accused returned on their tractor. Iqbal Singh enquired from Kirpal Singh and the deceased Jaswant Singh, as to why they had been still standing there. Kirpal Singh replied that they were standing in front of their house and Iqbal Singh had no cause to question them. Both the accused thereafter started hurling abuses to Kirpal Singh and Jaswant Singh. The deceased, Jaswant Singh, thereafter abused the accused in return and Kirpal Singh also asked the accused to behave properly. Bachittar Singh, Amar Singh and Balwinder Singh also came there. It is the prosecution case that being enraged, the accused No. 1 Iqbal Singh, fired a shot towards Kirpal Singh but nobody was injured by the said shot. Then the appellant Pupinder Pal Singh fired a shot which hit the chest of Jaswant Singh and Jaswant Singh fell down on the ground. Both the accused left towards their house with the tractor. P.W. 2, Kirpal Singh, arranged for a car and took his son Jaswant Singh to the C.M.C. Hospital at Ludhiana and they reached the hospital at about 6.15 p.m. The doctor on examining Jaswant Singh declared him to be dead. On learning about the death of Jaswant Singh, Kirpal Singh became nervous as he was a heart patient and also a patient of Asthama. He was made to lie for about an hour. Thereafter, he removed the dead body of Jaswant Singh in a car to the village. They reached the village at about 8.30 p.m. Thereafter Kirpal Singh in the company of Bachittar Singh who had accompanied Kirpal Singh to the hospital, left for the police station at about 9.00 p.m. and lodged the first information report at police station at Ludhiana being Ext. P.E. The Sub Inspector, Mohinder Singh, accompanied Kirpal Singh to the spot and they reached there at about 10.45 p.m. The dead body of Jaswant Singh was lying in the courtyard in the house of Kirpal Singh and was being guarded by Balwinder Singh, son of Kirpal Singh. The Sub Inspector prepared the inquest report and entrusted the dead body to the two Constable for taking the same for post mortem examination. The Sub Inspector then lifted the blood stained earth from the crossing in front of the house of Kirpal Singh and put the same in a sealed parcel. The statement of Bachittar Singh, Amar Singh and Balwinder Singh were also recorded by the Sub Inspector. It was stated by Kirpal Singh that the house of Amar Singh was adjacent to his house and the house of Bachittar Singh was 14-15 karams from the place of occurrence. On July 14, 1978, post mortem was conducted at civil hospital, Ludhiana by Dr. Ved Prakash who noted gun shot injuries and the doctor also noted the direction of the wound towards right and downwards. In the opinion of the doctor, the death was due to shock and haemorrhage as a result of injuries which were sufficient to cause death in the ordinary course of nature. On July 15, 1978, Pupinder Pal Singh was arrested and on July 16, 1978, Amrik Singh produced a 12 bore gun Ext. P. 1 along with licence Ext. P.2 before the Sub Inspector, Bihari Lal. The gun was kept in a sealed parcel. The licence of the said gun was in the name of Iqbal Singh. Iqbal Singh was arrested on July 28, 1978 by the Sub Inspector, Bihari Lal and the rifle belonging to him was produced being Ext. P3 which was also kept in a sealed parcel. The tractor of Iqbal Singh was taken into possession on July 20, 1978 but the same was given on superdari to Iqbal Singh.

(3.) In a statement under Section 313, Cr.P.C. Iqbal Singh denied the allegations made against him and he set up a plea of alibi by contending that he had gone to village Rupalon from where he had been to village Talwandi and he was not present at the time of occurrence. The accused No. 2 Pupinder Pal Singh also denied the allegations of murder and in a statement under Section 313, Cr.P.C. he stated that on the date of occurrence at 5.30 p.m. he was returning on his tractor after having a round of his field. He was armed with a gun belonging to his father and the father was not present in the village on that day. It was stated by him that he had taken his gun with him because there was enmity between his family and some other residents of village. When he reached in front of the house of Jaswant Singh and tried to take a turn towards his house, Jaswant Singh boarded the tractor and caught hold of the barrel of the gun. Pupinder Pal Singh told him that it was loaded and asked him to leave the gun but Jaswant did not do so. The tussle took place between them and during the tussle, the gun accidentally went off injuring Jaswant Singh and he fell down from the tractor. Pupinder Pal Singh then left the place on his tractor towards his house. Thereafter, he came to Ludhiana where he reached at about 6.15 p.m. He drafted the. application Ext. P.M. and brought the said application to Ludhiana. Dhanraj Singh and Bharpur Singh met Pupinder Pal Singh at Dholewal Chawk, Ludhiana. All the three persons went to the house of the Deputy Commissioner, Ludhiana but the Deputy Commissioner was not available. They thereafter went to the house of the Additional Deputy Commissioner who was also not available. Pupinder Pal Singh thereafter presented the application to Sub Divisional Magistrate at his house at about 9.00 p.m. The Sub-Divisional Magistrate made an endorsement on the application and handed over the application to Pupinder Pal Singh for taking it to the Senior Superintendent of Police. They thereafter went to the residence of S.S.P. but he was also not available. Pupinder Pal Singh and his two companions thereafter went to the house of the Superintendent of Police, City, and handed over the application being Ext. P.M. to him. The Superintendent of Police, City, gave a telephonic call to the police station and Mohinder Singh, S.I., arrived. The S.P. City handed over the application of Pupinder Pal Singh to S.I. and Pupinder Pal Singh was taken to the police station, Sadar, Ludhiana.