GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Darshan Singh, Mukhtiar Singh and Gurdial Singh, the appellants herein, were tried by the Judge, Special Court, Ferozepore for committing the murder of one Rampal with fire-arms in furtherance of their common intention. The learned Judge acquitted Darshan Singh and Mukhtiar Singh but convicted the appellant under Section 302,I.P.C. and S. 25, Arms Act, and sentenced him to suffer imprisonment for life for the first conviction and rigorous imprisonment for 1.1/2 years for the other, with a direction that the sentences would run concurrently. Hence this appeal.

(2.) According to the prosecution case the deceased and his father Amrit Lal (PW-3) used to run a Kirana shop in village Machhi Bugra. On June 2, 1984, at or about 6.30 p.m. when Ram Pal had come out of the shop to down its shutters the three accused came there on a scooter driven by Darshan Singh. The appellant and Mukhtiar Singh then got down from the scooter and shot at Ram Pal with the firearms, each of them was carrying, resulting in his instantaneous death. Thereafter all of them ran away on the scooter. Finding his son dead. Amri Lal rushed to the police station to lodge a report.

(3.) S.I. Joginder Singh (PW-4) recorded the F.I.R. and after making arrangements to send the special report to the Ilaka Magistrate left for the spot accompanied by Amrit Lal. Reaching there he held inquest upon the dead body of Ram Pal which was lying in the lane in front of the shop and it for post-mortem examination. He then inspected the spot and collected some blood stained earth, six empties of two different bores and made separate sealed parcels for the same. After completing the Investigation at the spot, PW-4 went in search of the accused persons and succeeded in apprehending the appellant on that very night. From his possession he seized a 12 bore gun and 25 cartridges and sealed them. He sent all the seized articles to the experts for their opinions and on receipt of their reports and completion of investigation submitted charge-sheet.