MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED appellant Makhan Singh son of Sadiq Mohammad resident of village Mandir Nawan in Faridkot district of Punjab State allegedly visited the residential house of deceased Paramjit Singh, a truck driver serving with the Moga Truck Union, in the same village, to make a demand for money from his wife in his absence. Deceased resented the same and while cutting Barsin grass from inside his own agricultural field in the village, asked the accused, who was standing by his side then, around 10.00 A.M. on Keith 10th March, 1986, as to why he had visited his house in his absence. The accused presumably took it as an insinuation against his character but availing himself of the dominant position of lender qua a borrower curtly said, I did go. What can you do about it ? Both of them then started hurling abuses on each other whereupon Makhan accused took out a pistol from the dub of the lion cloth worn by him and fired a shot from it, which hit the deceased on his back. Occurrence was allegedly seen by Surjit Singh, younger brother of the deceased, his cousin brother named Baldev Singh and nephew of his cousin named Mohinder Singh alias Tinda; who were both cutting Barsin grass in the nearby field at the relevant time and were attracted to the place of occurrence by the hue and cry raised by Surjit Singh younger brother of the deceased. The deceased was initially taken in a jeep to the Civil Hospital at Bagha Purana and therefrom to the Civil Hospital at Faridkot. The deceased, however, breathed his last nearly half an hour after his arrival in the Civil Hospital at Faridkot.

(2.) IN the course of investigation police recorded the statement of P.W. 4 Nihal Singh under section 161 of the Criminal Procedure Code Exhibit P.W. 4/A and on its basis arrayed Baldev Singh as co-accused with Makhan as abettor for the crime of murder of Paramjit Singh by Makhan. The accusation was of course given out in P.W. 4/A itself as ingenuity of mental gymnastic of Nihal Singh on the basis of alleged old enmity between Paramjit and Deb on account of Paramjit deceased having allegedly killed Joginder Singh, father of Deb, earlier by running him over underneath the truck driven by him. Since the author of the charge of abetment did not stand by it in the course of evidence, for want of evidence and denial of accusations against Baldev Singh by Nihal Singh P.W. 4, Baldev Singh co-accused was acquitted by the learned trial court.

(3.) WE have heard Shri D.S. Chahal, Advocate, learned counsel for the appellant and Shri D. N. Rampal, Advocate, for the State and have carefully gone through the evidence on record.