BIKKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order made on February 24, 1982 by the High Court of Punjab and Haryana, in Criminal Appeal No. 688 of 1981 affirming the judgment and order dated November 7, 1981 rendered by the Sessions Judge, Faridkot convicting the appellant under S. 302, I. P.C. and sentencing him to imprisonment for life and also convicting him under S. 27 of the Arms Act and further sentencing him to rigorous imprisonment for one year. Both the sentences were directed to run concurrently.

(2.) The prosecution case as unfurled in brief is that the deceased, Jagjit Singh, son of Jugraj Singh went on March 29,1981 at about 6.30 p.m. along with Mela Singh to the liquor vend of Bikkar Singh in village Rode for purchase of a bottle of liquor. Jagjit Singh quarrelled with Bikkar Singh that he was selling adulterated liquor. On hearing about the quarrel Jugjit Singh, father of Jagjit Singh, since deceased, came there. Both the accused appellant and his son, Sikandar Singh were armed with .12 bore guns and one Mukhtiar Singh was also armed with a .12 bore gun They surrounded Jagjit Singh. Sikandar Singh raised a lalkara that Jagjit Singh should not be spared. Then Bikkar Singh fired one shot from his double barrel gun which hit the right side chest of Jagjit Singh who tried to run away when another shot was fired from behind. Jugraj Singh and Mela Singh raised an alarm whereon the accused fled away with their weapons towards the village. Jugraj Singh left his wife near the dead body of Jagjit Singh and he went to the Police Station, Baghapurana and lodged F.I.R., Exhibit P.K. at about 7.15 p.m.

(3.) P.W. 5, A.S.I. Ram Parkash immediately came to the spot and made an inquest of the dead body of Jagjit Singh (Exh.P.C.). He picked up two empty cartridge cases (Exhs.P.7 and P.8) from the spot. The accused was arrested on April 4, 1981. Bikkar Singh made a disclosure statement that he handed over his gun to his brother, Gurdial Singh. On April 12, 1981 Gurdial Singh, produced the gun in the police station. The gun and the empty cartridge cases were sent to the Forensic Science Laboratory, Chandigarh. It appears from the report given by the Director of Laboratory that the two cartridges were fired from the gun marked 'A' of the appellant.