DAULAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has arisen from an appellate judgment and order of the Punjab and Haryana High court passed on 19-10-1987 in Criminal Appeal No. 427/db of 1986.

(2.) The appellant was employed as a Constable in the Punjab Police and at the relevant time was assigned duty as the Personal Guard of one Brij Lalgoel, Ex-MLA, Rajpura, District Patiala. Smt Pushpa, PW, was his wife. The couple had a handful of children. They had a single room house to live in a locality at Rajpura. In the neighbourhood, Narinder Singh, the deceased was living having constructed a house, quite close to the house of Daulat Ram. Narinder Singh was an educated unmarried young man of 25 having done his MA. He was contemplating to start some business at Rajpura. He was staying alone in his house. His father, Sub-Inspector Gurbachan Singh had at one time been posted at Rajpura, but at the relevant time was posted in the C. I. A. Staff at Malerkotia, a town about 53 miles away from Rajpura. His father's brother, Gurnam Singh, PW, lived at Sunam, at a distance of about 55 miles from Rajpura. Both the towns were in different directions.

(3.) The case of the prosecution is that Gurnam Singh, PW, the deceased's father's brother had visited Rajpura on a number of occasions and had developed a feeling that the deceased was carrying on with Pushpa, PW. Gurnam Singh, PW, wanted to disrupt the relationship. Thus on 23-7-1985, sometime after 1. 00 p. m. he came to Rajpura accompanied by Hardial Singh, PW, in order to take the deceased with him to his native place Sunam. Half an hour later, at about 1.45 p. m. , Gurnam Singh, Hardial Singh, PWs, and the deceased set out from the latter's house for going to Sunam. While so, the deceased told Gurnam Singh and Hardial Singh, PWs, that he had a message to deliver at the house of Daulat Ram. Saying so he went and entered the house of Daulat Ram followed by Gurnam Singh and Hardial Singh, PWs. They saw him talking to Pushpa, PW. In the meantime, Daulat Ram, the appellant arrived. Daulat Ram shouted that he was going to teach a lesson to the deceased for having entered his house and saying so, he fired five shots in quick succession towards the deceased from his service revolver. On receipt of injuries the deceased fell on a cot, which lay in the sole room. The appellant then further assaulted the deceased with a knife on his face. Then Pushpa, PW, intervened. She too was given some injuries by the appellant. The appellant thereafter left the place of occurrence carrying his revolver with him. Gurnam Singh and Hardial Singh, eyewitnesses went near the deceased and found him dead.