AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeal No. 233 of 1985 has been filed by the appellant Ajit Singh, who was convicted by the. Sessions Judge, Ferozepur under S. 302 Indian Penal Code (two counts) and sentenced to death subject to confirmation of the sentence by the High court. Besides he was also convicted under S. 307 and 426 Indian Penal Code and sentenced to RI for five years and one month respectively and also under S. 27 of the Arms Act and sentenced to RI for six months. For the conviction under Section 307 Indian Penal Code he was also sentenced to pay a fine of Rs. 1,000. 00 in default to undergo RI for two years. In the reference under S. 366 Criminal Procedure Code made by the Sessions Judge and the appeal preferred by the appellant, the High court modified the convictions under S. 302 Indian Penal Code to convictions under S. 304 Part I Indian Penal Code and substituted the sentence of death with a sentence of RI for ten years on the ground the appellant had caused the death of his wife Swarno and his neighbour Gurbux Singh under grave and sudden provocation. The convictions and sentences under the other counts were however confirmed.

(2.) In the appeal preferred by Ajit Singh, he seeks relief confined only to the question of sentence. The other two appeals have been filed by Amarjit Singh, the son of deceased Gurbux Singh for restoration of the convictions of the appellant under S. 302 Indian Penal Code and for appropriate sentence being awarded therefor.

(3.) We have heard the learned counsel for the appellants in the respective appeals. Inasmuch as the occurrence is not disputed by appellant Ajit Singh, the only question for consideration is whether he had shot his wife Swarno and the other deceased Gurbux Singh under grave and sudden provocation or deliberately so as to constitute the offence one under S. 300 IPC. According to the prosecution, there was a quarrel between the appellant and his wife Swarno at about 10. 00 a. m. on the day of occurrence and attracted by the noise of the quarrel, the deceased Gurbux Singh, along with his son Public Witness 3 Amarjit Singh and daughter Public Witness 13 Amarjit Kaur, went to the house of the appellant to see what the matter was and Gurbux Singh advised the appellant not to quarrel with his wife. Enraged by his intervention, Ajit Singh is said to have taken his gun and fired a shot at Gurbux Singh but because his wife swarno tried to shield Gurbux Singh she got shot on her chest. She thenran inside the house and fell down and the appellant followed her inside and fired another shot at her. Thereafter the appellant is said to have corne out of the house and fired a shot at Gurbux Singh who by then had taken shelter behind a buffalo tethered in the courtyard. The gun shot hit a ten month old grandchild which Gurbux Singh was carrying. There-after when Gurbux Singh tried to run into the house, the appellant fired again and this time Gurbux Singh was hit. He was rushed to the hospital but he succumbed to his injuries. Amarjit Singh lodged the first information report. To prove its case the prosecution relied on the testimony of Public Witness 3 and Public Witness 13, the son and daughter of Gurbux Singh.