RESHAM SINGH Vs. STATE

JUDGEMENT

(1.) APPELLANT Resham Singh by the impugned judgment dated 18 th July, 1998 stands convicted under Sections 302 read with Section 34 and 394 of the Indian Penal Code, 1860 (IPC, for short). By impugned order of sentence dated 20th July, 1998, he has been convicted for imprisonment for life and fine of Rs.15,000/ -, in default he has to undergo simple imprisonment for four months for the offence under Section 302/34 IPC and rigorous imprisonment for five years and a fine of Rs.5,000/ - and in default, he has to undergo simple imprisonment for three months for the offence under Section 394 IPC. Rs.15,000/ - have been directed to be paid to the widow of the deceased, Banta Singh.

(2.) APPELLANT Resham Singh was tried along with Om Prakash, Suresh Pal and Ramesh Chand for the offences under Sections 302/392/ 397/394/398/449/460/34 IPC and Sections 25 -26/54/59 of the Arms Act, 1959 (Arms Act, for short). Co -accused Om Prakash has died and the trial proceedings against him stand abated. Suresh Pal absconded during the course of trial, whereas Ramesh Chand was discharged.

(3.) WE are inclined to accept the testimony of the two eye - witnesses Kuldeep Kaur (PW2) and Balvinder Kaur (PW4), wife and daughter of the deceased, who are natural witnesses and have deposed in seriatim as the occurrence in which Banta Singh lost his life on 15 th October, 1979 at his residence A -59 Chittaranjan Park, New Delhi between 9.00 to 9.30 PM. Presence of PW2 and PW4 in the house as deposed to by both of them at the time of the occurrence, cannot really be challenged and has been proved beyond doubt. Kuldeep Kaur (PW2) has stated that on 15th October, 1979, she was present in the house along with her four children, when at 8.45 PM her husband came back and was served with a glass of water in the drawing room, while he was sitting on the sofa. The appellant Resham Singh came and sat down on the same sofa in the drawing room. A third person also came in and sat down. At that time Banta Singh took out money consisting of two bundles of 100 rupee notes to hand them over to Kuldeep Kaur (PW2), when Resham Singh snatched the bundles from her husband's hands. There were exchange of words between Banta Singh and Resham Singh. Banta Singh at that time was doing business in the name and style of Gulf Recruiting Agency at Nehru Place. Thereupon, Banta Singh who was carrying a revolver with him, started taking out the same but the revolver was snatched by Resham Singh and his companion, whom PW2 identified as Om Prakash. At that time the third person who was standing on the door and was armed with a revolver, pointed the same towards her husband. Her husband looked on both sides and saw the revolvers being pointed at him. Resham Singh then shouted at the man standing near the door to shoot. A shot was fired by the third person towards the chandelier and one bulb broke and fell down. Thereafter, the person standing at the door took another shot, which struck her husband Banta Singh on his chest. Banta Singh started going down to a sitting posture. Resham Singh fired another shot at Banta Singh and the man standing at the door too fired a shot. These shots struck her husband in the chest and stomach. PW2 recognized the third person as Suresh Pal who was present in the Court but had subsequently absconded. The three accused including Resham Singh fled away from the spot. Resham Singh took the money and revolver of her husband. The revolver with which Suresh fired was also taken away.