IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 10.4.2001, convicting the present appellant for the offence punishable under Section 302 IPC, for the murder of Bikar Singh and Nirbhai Singh and sentencing him to undergo life imprisonment and to pay a fine of Rs. 5000/- each on two counts and also in default of payment of fine to further undergo rigorous imprisonment for a period of six months on each count. The appellant was further sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1000/- and in default thereof to further undergo rigorous imprisonment for a period of two months under Section 27 of the Indian Arms Act, 1959.

(2.) The appellant has been charged for the aforesaid offences on the basis of statement of Bikar Singh S/o Saudagar Singh (Ex. PRR), which is to the effect that he has friendship with Nirbhai Singh S/o Kashmira Singh, resident of Chakki, P.S. Machhiwara (deceased) and Iqbal Singh S/o Mohinder Singh (accused-appellant). On 23.6.1998 at about 8.00 PM, Iqbal Singh demonstrated with his uncle Harmel Singh that Bikar Singh and Nirbhai Singh have deceived him in friendship, as they are keeping evil eye upon his wife. Harmel Singh talked to Bikar Singh. Bikar Singh told him that there is nothing in this matter and they will clear the matter. On 24.6.1998 at about 7.00 AM, he (Bikar Singh) alongwith his father Saudhagar Singh, uncle Harmel Singh and Nirbhai Singh on the scooters went to the house of Iqbal Singh for clarification. As soon as they got down before the gate of his (Iqbal Singh) house after parking the scooter, Iqbal Singh, who was armed with his double barrel gun of 12 bore and standing before the gate of his courtyard, told them that it is better that you had come, otherwise he had to search for them. He was told that he should first hear them. Iqbal Singh in the presence of Saudagar Singh, father of Bikar Singh and uncle Harmel Singh fired with his licenced gun at Bikar Singh directly, the pallets of which hit at his chest. The other fire was shot at Nirbhai Singh, which hits his abdomen. They raised hue and cry upon which Iqbal Singh ran away on his car alongwith his gun. Subsequently, after arranging the vehicle, he (Bikar Singh) and Nirbhai Singh in the injured condition, were taken to Civil Hospital, Machhiwara. The police action on the said statement was taken by SI/SHO Balbir Singh, P.S. Machhiwara. On the basis of such statement, DDR No. 3 was recorded at 8.20 AM and FIR No. 42 dated 24.6.1998 (Ex. PRR/2) was lodged. The special report was received by the Magistrate on 24.6.1998 at 11.00 AM.

(3.) The appellant was arrested on 24.6.1998 at about 9.00 PM and the offending gun and two live cartridges were recovered. The report of Forensic Science Laboratory, Chandigarh (Ex. PZ/2) shows that two cartridges were fired from the left and right barrel of the said 12 bore gun of the appellant.