HARLAIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 7.3.2003 passed by the Sessions Judge, Fatehgarh Sahib, whereby in case FIR No. 77 dated 24.12.1985 under Sections 302/307 IPC 25/27/54/59 of the Arms Act at Police Station Khamanon, the accused-appellant has been convicted under Sections 302, 307 IPC and 30 of the Arms Act, for having committed the murder of Raghbir Singh and attempting to murder Kuljit Singh by using his licensed 315 bore rifle. Under Section 302 IPC, he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/-and in default of payment of fine, to undergo RI for two years; under Section 307 IPC, to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo RI for six months and under Section 30 of the Arms Act, to undergo RI for six months.

(2.) In brief, the prosecution case is that on 24.12.1986, complainant Kuljit Singh made statement to the police that on 23.12.1986, he and his brother Raghbir Singh had gone to Ropar in order to enquire about the Arms licence from Balwinder Singh, Arms dealer, on motor-cycle but the same was not ready. His brother Raghbir Singh was having his licensed gun with him. From Ropar, both of them came to Khamanon and stopped at petrol pump for taking petrol where no petrol was available and only diesel was available. However, the petrol pump owner arranged two bottles of petrol for them. In the meanwhile, Raghbir Singh talked to accused Harlaik Singh on telephone, being his friend that since he(Harlaik Singh) had become the chairman of the Market Committee, he had not entertained him. Raghbir Singh then told Kuljit Singh that they had been invited by Harlaik Singh to his house for a party and accordingly, both of them reached his house. There Harlaik Singh, his brother Harcharan Singh and Shera, his wife's brother and Bhoop Singh were taking liquor. Bhoop Singh then left. They then consumed liquor. After one bottle of liquor had been consumed, Harlaik Singh sent Harcharan Singh and Shera for fetching one more bottle of liquor. According to the complainant, since his brother Raghbir Singh owed Rs. 13,000/- to Harlaik Singh, he started compelling Raghbir Singh to pay the same and they started fighting but he (complainant) separated them. When Harcharan Singh etc. came along with another bottle of liquor, they consumed one peg each. Complainant then went in the bathroom in the court-yard of the house of the accused for urination and when he came back, he saw his brother Raghbir Singh and accused quarrelling with each other. At that time, the gun of Raghbir Singh was lying nearby. Complainant again separated both of them. Thereafter, at about 7/7.30 PM accused Harlaik Singh picked up 315 bore rifle from inside and went on the roof through the stairs inside the house and fired a shot from the rifle which hit the left thigh of Raghbir Singh who fell down at the spot. Complainant then picked up the double-barrel gun of his brother which was already loaded. Harcharan Singh, brother of the accused and Shera, his brother-in-law, caught hold of the complainant and asked him not to do anything. Harlaik Singh however hurled abuses from the roof of the house and told his brother and Shera to leave the complainant and move to one side. Due to fear, complainant ran towards the street and then the accused again fired from his gun. Complainant concealed himself in the fields, abandoning his motor-cycle there and in the early hours of the morning, came to the police station to lodge the report, where an FIR, Exhibit PJ was recorded by the police. The 12 bore double barrel gun belonging to deceased Raghbir Singh was produced by the complainant, which was unloaded and two live cartridges were recovered, which were then taken into possession vide memo. Exhibit PK. The spot was inspected by the Investigating Officer and the dead body of Raghbir Singh was found lying in the court-yard of the house of the accused. The photographs of the place of occurrence were taken. Inquest proceedings on the dead-body were completed and the dead body was sent to the Civil Hospital, Samrala, for post-mortem examination where Dr. Raj Kumar (PW-1) conducted the autopsy. Besides, complainant who was injured, was also medico-legally examined and abrasions were found on his person. Certain articles were also taken into police possession vide separate recovery memos. Accused was arrested and 315 bore rifle was duly recovered upon his disclosure statement along with cartridges and licence. Upon completion of investigation of the case, accused-appellant was challaned. After being produced in Court, the accused was charge-sheeted under Section 302, 307 IPC and Section 30 of the Arms Act to which he pleaded not guilty and claimed trial.

(3.) The prosecution in order to prove the charge against the accused, examined PW-1 Dr. Raj Kumar Garg, PW-2 M.L. Dabra, SDO (Telephones), PW-3 Dr. R.L. Taneja, PW-4 Mulkh Raj, PW-5 Jit Singh, PW-6 Rupinder Singh Bhullar, PW-7 Gurmail Singh, PW-8 Kuljit Singh (complainant), PW-9 SI Manjit Singh, PW-10 ASI Malkiat Singh, PW-11 S.L. Prabhakar, PW-12 SI Rattanjit Singh, PW-13 Bhupinder Singh and PW-14 Amrik Singh, SHO. and after tendering into evidence the report of the Forensic Science Laboratory, Serologist and Chemical Examiner, Exhibits PX, PY and PZ, closed its evidence.