MAGHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been found guilty of having murdered Jagdish Singh. He has been convicted and sentenced to undergo rigorous imprisonment for life. A fine of Rs. 5,000/- was also imposed. Aggrieved by the order, the appellant has approached this Court through the present appeal.

(2.) The prosecution story is revealed by Subash Chander (P.W.2). He runs a shop in Mallanwala. On August 11, 1991, he along with Jagdish Singh was present in his shop. Maghar Singh (the present appellant) and Hira Singh came to the shop. Chanan Singh who works as a Motor Winding Mechanic also reached there. On an indication from him, Maghar Singh and Hira Singh took out their pistols. Maghar Singh fired a shot which hit Jagdish Singh on the head. He fell down. Subash Chander-complainant raised an alarm. He pushed Hira Singh. On the raising of the alarm, Maghar Singh and Hira Singh ran away with their weapons. The occurrence had allegedly taken place at 12 noon. The F.I.R.Ex. PD was recorded at the instance of Subash Chander (P.W.2) at 12.20 p.m. Joginder Kumar (P.W.5) SHO, Police Station, Mallanwala had recorded the statement and registered the case.

(3.) In an attempt to explain the motive, it was alleged that Harbhajan Singh and Jaspal Singh were not happy with the complainant and the deceased as they used to supply the materials directly to the customers. As a result thereof, they lost their commission. It is alleged that on August 10, 1991, Harbhajan Singh and Jaspal Singh had threatened the complainant as well as his nephew Jagdish Singh that they would not allow them to have their dinner on the next day. It is in execution of this threat that Jagdish Singh was "got murdered" at "the hands of Maghar Singh and Hira Singh terrorists."