DHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DHIR Singh (35) and his younger brother Jodh Singh (28) were tried by the learned Sessions Judge, Amritsar, for an offence under Section 302/34, Indian Penal Code. While Jodh Singh was acquitted, Dhir Singh was convicted under Section 302, Indian Penal Code, and sentenced to life imprisonment and a fine of Rs. 5000/- In default of payment of fine, he was further sentenced to rigorous imprisonment for one year. He was also convicted under section 27 of the Arms Act and sentenced to rigorous imprisonment for two years. Both the sentences were made concurrent. Aggrieved by the conviction and sentence, the convict has preferred this appeal.

(2.) THE undisputed factual background of the occurrence in this case is that Niranjan Singh PW-8 is the father of Ranjit Singh deceased. Niranjan Singh had some joint property with his three brothers, Chanan Singh and others. By a memorandum of partition dated January 17, 1982, Exhibit PL, the agricultural land was divided into four shares. Inter alia it was written in the memorandum that the trees standing in the various parcels of land had been exchanged except for one Lasoora tree which was situated in the land of Chanan Singh and which would remain common to all the four brothers for five years. The case of the prosecution is that through the intervention of the Panchayat, it was agreed between the parties to the memorandum of partition that whosoever had planted the tree will remain owner of the same even though the tree had fallen in the lot allotted to another brother. Further case of the prosecution is that a Kikar tree admittedly situated in the land allotted to Chanan Singh was claimed to have been planted by Niranjan Singh PW-8. On June 4, 1986, Niranjan Singh PW-8 along his sons Ranjit Singh (20) deceased and Kuljit Singh PW-9 went to the field of Chanan Singh in the morning and started cutting the Kikar tree. Dhir Singh appellant and Jodh Singh, the acquitted accused, are sons of Chanan Singh. They came to the spot and objected to Niranjan Singh and his sons to their cutting the Kikar tree. Niranjan Singh and his sons however, maintained that according to the settlement arrived through the Panchayat they were entitled to cut the Kikar tree and, therefore, they did not stop cutting the tree. Both the aforesaid sons of Chanan Singh went away. After 15/20 minutes i.e. at about 10. 15 or 10.20 a.m. Dhir Singh appellant reappeared at the scene with his licensed 12 bore single barrel gun Exhibit P-8. By that time the complainant party aforesaid had cut the Kikar tree and were preparing to carry it away. Dhir Singh fired two shots hitting Ranjit Singh on the shoulder and later in the chest. As a result, he fell down and died at the spot. Jhirmal Singh and Nirmal Singh came to the spot on hearing noise and both the accused ran away from the spot. Niranjan Singh PW-8 father of the deceased, lodged a report Exhibit PD at 12.30 p.m. at Police Station Ramdass. Special report was received by the Judicial Magistrate at Amritsar at 2.45 p.m. the same day. SI Gurnam Singh PW-10 inspected the spot. He prepared inquest report, sent the dead body for post-mortem examination and recovered blood-stained earth as well as one empty cartridge case from the spot. They were duly sealed and deposited in the Police Station He also took into possession the Kikar tree and prepared rough site plan of the place of occurrence. After the post-mortem examination, he took into possession the belongings of the deceased Ranjit Singh as well as two sealed bottles containing pellets and wad and the other containing pellets removed from the dead body of Ranjit Singh during the autopsy. The accused were not available till June 12, 1986, when they were arrested. On Jun 14, 1986, Dhir Singh appellant got recovered his licensed 12 bore single barrel gun which was sealed and taken into possession. At the trial, the prosecution produced Niranjan Singh PW-8 and Kuljit Singh PW-9 as eye-witnesses of the occurrence. Dr. R.K. Goria PW-1, who conducted the post-mortem examination, was produced to corroborate the testimony of the eye-witnesses. The Investigating Officer appeared as PW-10. The reports of the Chemical Examiner and Serologist as also of the Ballistic Expert were produced, besides formal evidence. The eye-witnesses fully supported the version set out above.

(3.) THE Learned Sessions Judge accepted the prosecution evidence and convicted Dhir Singh and acquitted Jodh Singh, as already indicated. This is how this appeal is before us.