LAWS(P&H)-1990-1-79

PIPAL SINGH Vs. STATE OF PUNJAB

Decided On January 23, 1990
PIPAL SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) FOUR persons named Gurmit Singh, Sukhwinder Singh, Shubeg Singh and Malook Singh who were all related to each other intersect collaterals, were standing outside the houses of Man Singh and Darshan Singh of their village Nurpur, tehsil Zira, district Ferozepur, around 7.00 P.M. on 30th August, 1986. Accused appellant Pipal Singh passed that way in a drunkard condition and made a 'Khangura' at them. All the four persons aforesaid protested whereupon hot words were exchanged between them and the accused appellant. Pitched as one against them four, accused appellant Pipal Singh went back home hurling abuses on them, even on the way.

(2.) SHORTLY thereafter accused-appellant Pipal Singh returned thereto, through the straight lane, carrying double barrel licensed gun of his father Piara Singh, fully loaded. His father Piara Singh also followed the accused appellant carrying a 'Takua' in his hand. Father then exhorted the son to fire at his aforesaid four victims and settle scares there and then once for all. Upon it Pipal Singh fired a shot aimed at his victims aforesaid from the double barrel gun releasing two cartridges simultaneously. Pellets emanating therefrom hit all the four victims resulting in the death of Shubeg Singh while the remaining three injured companions of the deceased in Gurmit Singh, Sukhwinder Singh and Malook Singh sustained injuries therefrom on various parts of their bodies. As disclosed by Malook Singh in the First Information Report, Malook Singh sustained injuries on left side of his deltoid and the wrist, Shubeg Singh was injured in the chest and abdomen, Sukhwinder Singh was injured in the forehead and Gurmit Singh on his right arm.

(3.) WE have heard Shri R.S. Ghai, Senior Advocate with Shri Bipan Ghai, Advocate for the appellant, Shri P.S. Kang, Advocate, for the State and have carefully perused the evidence on record.