MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, his father Teja Singh and his brothers Jaswant Singh and Balwant Singh were tried before the Addl. Sessions Judge, Amristar, for the murder of Dial Singh and causing grievous injuries and simple hurts to Smt. Swaran Kaur on 27-4-l968. The learned Sessions Judge acquitted Balwant Singh and Jaswant Singh and convicted the appellant and his father. On appeal before the High Court of Punjab and Haryana the father was acquitted while the sentence passed on the appellant was confirmed.

(2.) The occurrence, as already mentioned, took place on 27-4-1968. On that day the appellant's mother was going in the lane in front of the house of Karam Singh. There was an exchange of abuses between Karam Singh's wife and mother and the appellant's mother because Karam Singh's dog had barked at her. Shortly thereafter the appellant and his brothers came to Karam Singh's house and again started abusing. The appellant was then carrying a gun. When Karam Singh returned home and heard about this incident he abused the accused. This brought the appellant and his brothers to the lane and they in turn abused Karam Singh. The deceased Dial Singh, a cousin of the appellant came there at that time carrying a dang and challenged the appellant and his companions. Teja Sing came there at that time and exhorted the appellant to fire. The appellant fired the gun as a result of which Dial Singh died and Swaran Kaur was also hit.

(3.) According to the appellant when he went to his house to fetch a dang he heard his father, Teja Singh, raise an alarm 'Mar Sittya' and he heard the report of a fire- shot. He picked up the gun and went out and saw Swaran Kaur lying injured and Dial Shah armed with a pistol. When Dial Singh started loading his pistol he fired at him in self defence. The short and simple point therefore is whether the appellant fired at and killed Dial Singh in self defence.