MAGHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellant against his conviction under S. 302 Indian Penal Code and under S. 27 of the Arms act recorded by the High court of Punjab and Haryana in an appeal against the order of acquittal filed by the State. This appellant at the trial was acquitted by the learned Additional Sessions Judge for these offences.

(2.) The prosecution case at the trial was that when the deceased along with his brother were returning after irrigating the field at night on 19/08/1971 and when they had crossed about four to five kilas Maghar Singh, the present appellant (accused) met them and requested Bahadur Singh deceased to permit him for the use of canal water whereupon Bahadur Singh replied that he had already permitted Karnail Singh for the use of water and he cannot allow for the use of water to anybody again. It is alleged that there was some altercation and as Maghar Singh was carving a 12 bore double barrelled gun he fired a shot at him which resulted in injuries on the chest and on the arm of the deceased Bahadur Singh who fell on the ground. The appellant went near and fired one more shot at bahadur Singh which hit him on his back. Gurdial Singh, brother of the deceased Bahadur Singh, Public Witness 1 who was present on the scene of occurrence went to Bachan Singh a panch leaving behind Gulab kaur, the mother of the two brothers and Karnail Singh who was also present at the scene of occurrence. Gurdial Singh informed bachan Singh about the incident and thereafter went to the police station which was at a distance of about nine miles and lodged the first information report at 11 a. m. Thereafter the Sub-Inspector shri Lal Singh accompanied Gurdial Singh and came on the spot, conducted the investigation, sent the body for post-mortem examination where Dr R. K. Sharma conducted the post-mortem on 28/08/1971. After investigation a charge-sheet was filed and on trial the learned Additional Sessions Judge acquitted the appellant (accused) of the charge alleged against him.

(3.) The learned Additional Sessions Judge discarded the evidence of the two eyewitnesses Gurdial Singh and Gulab Kaur on the ground that they were related to the deceased and also on the ground that karnail Singh who according to the learned Additional Sessions Judge was a dependent witness was not examined and the prosecution declared that he has been won over. The learned Additional Sessions Judge also felt that the medical evidence was not consistent with the testimony of the two eyewitnesses and in view of these circumstances rejected the testimony of the two eyewitnesses and acquitted the accused.