GAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the occurrence which took place at about 6.00 A. M. on the 23rd of July, 1967 in Village Ubboke one Ajit Singh was killed by a rifle shot fired by Birkha Singh- since dead. In the same occurrence was injured by rifle shot P. W. 5 Dalvinder Singh. Gajjan Singh the appellant in this appeal by special leave is said to have fired that shot. Birkha Singh was convicted by the trial Judge under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life. The appellant was convicted for the murder of Ajit Singh with the aid of Section 34 of the Penal Code and sentenced to life imprisonment. For attempting to murder Dalvinder Singh he was convicted under Section 307 of the Penal Code and sentenced to undergo rigorous imprisonment for 7 years. Birkha Singh died after his conviction and Gajjan Singh's convictions and sentences which were directed to run concurrently by the trial Judge have been maintained by the High Court of Punjab and Haryana.

(2.) No argument of any substance could be advanced on behalf of the appellant in so far as his conviction under Section 307 of the Penal Code is concerned. On having appreciated the prosecution case and the evidence in support of it, we found no error either of law or of fact in the appellant's conviction under Section 307 of the Penal Code. The imposition of sentence of 7 years' rigorous imprisonment is also justified.

(3.) We, however, do not find it possible on the facts found on the basis of the evidence in the case to sustain the appellant's conviction under Sections 302/34 of the Penal Code for the murder of Ajit Singh. Dalvinder Singh is the son of P. W. 4 Arur Singh who was the first informant in the case. There were previous murder cases and security proceedings between the family of Arur Singh and that of the appellant. Indisputably there were previous criminal and civil cases and a bad blood between the parties. The deceased Ajit Singh was a nephew of Arur Singh in the third degree. It has, however, not come in evidence as to whether he had any enmity with the party of the accused or whether he had figured as a helper or witness on the side of Arur Singh or Dalvinder Singh.