JANGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the impugned judgment dated 07.04.2008, passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 160-DBA/1994, whereby the High Court has reversed the judgment of acquittal passed by the Sessions Judge, Faridkot dated 14.05.1993, and convicted the appellant-accused under Section 302 IPC and Section 27 of the Arms Act.

(2.) The Sessions Judge, Faridkot vide Judgment dated 14.05.1993 acquitted the appellant from the offences punishable under Section 302 I.P.C. and Section 27 of the Arms Act on the ground that the appellant fired gunshot at the deceased in exercise of his right to private defence of his body. Thus, he was exonerated from the liability under Section 302 of IPC. However, on appeal, the High Court reversed the findings of the Sessions Judge on the ground that the right to private defence at the part of the appellant was not made out. Aggrieved by the Judgment of the High Court, this appeal is preferred under Section 379 of the Code of Criminal Procedure, 1973.

(3.) Facts of the case in a nutshell are such that the incident in question took place on 05.06.1991 at around 7.30 P.M. wherein the appellant shot down Jaswant Singh (hereinafter referred to as "the deceased") by his Self Loading Rifle of Bore 30 The appellant and the deceased were working together as Punjab Home Guard Volunteers. The incident took place when the deceased demanded Rs.100/- from the appellant, which was borrowed by the appellant previously. The appellant got enraged due to the fact that the borrowed money was demanded in front of the other Punjab Home Guard colleagues and it was insulting for the appellant. The appellant had an altercation with the deceased for around 15 minutes, pursuant to which the appellant fired at him and consequently, he died.