KULJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story is as under:-

(2.) In support of its case, the prosecution examined inter-alia, P.W.-1 Dr. K.J.S. Kakkar, who had conducted the post mortem examination on the dead body and had found four wounds thereon and further stated that the gun shots had been fired from a very close range as there was blackening around them, P.W.-4 Dr. Lachhman Singh of the Primary Health Centre, Payal, who deposed that Satnam Singh had been brought to the hospital, Ludhiana for treatment P.W.-9 Dr. Anup kumar, who had examined Satnam Singh at 8.10 P.M. and thereafter admitted him to the hospital P.W.s.2 and 3 Satnam Singh and Jarnail singh the two eye witnesses the son and the brother, respectively, of the deceased and P.W.-8 Inspector Naveen Kumar, the Investigating Officer P.W.- Jagpal Singh who too had been injured in the same incident was given up as having been won over by the accused.

(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the code of Criminal Procedure. Accused Kuljit Singh took up the following plea: "I am innocent. On the day, there was betrothal ceremony of Satnam Singh son of Karnail Singh, and Gian Singh, who is employed at Samrala and is relation of Satnam Singh P.W.- had come with gun to attend the ceremony. He was posted in the Bank at Samrala. Gian Singh aforesaid out of happiness started firing from the gun. The deceased Karnail Singh caught hold of he barrel of the gun of Gian Singh and Gian Singh being under the influence of liquor began to snatch the gun from the hands of Karnail Singh. In the meantime in the struggle, the shot hit Karnail Singh deceased from the hands of Gian Singh. The relatives and Sukhdev Singh prevailed upon me and that the shot had hit Karnail singh accidently and after compromising the matter with Gian Singh Sukhdev Singh and other relatives including the informant had named me and Dilsher Singh falsely. I have been falsely implicated. Sukhdev Singh is inimical towards me. I and Dilsher singh were not present at the spot and Satnam Singh in order to becoming stamp witness and fabricated the injuries.