SADHU SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The parties to this litigation relating to the alleged murder of Gurdip Singh are all agriculturists and hail from village Bhagtuana, within the area of Police Station, Jaitu, district Faridkot, in Punjab.

(2.) On 28.7.1996, around 10.00 P.M., Gurdip Singh deceased, his brother Baldev Singh PW 4 and their father Bhajan Singh PW.5 and cousin Harmel Singh were allegedly irrigating their agricultural land in the said village from a water channel belonging to the Canal Department. On that occasion, Mukhtiar Singh appellant, aged around 74 years armed with a Kirpan and his son Sadhu Singh appellant, armed with a 12 bore double barrel gun, came and they diverted the flow of water towards their own land forcibly. The complainant party resented such an act of the appellants. But instead of listening to the request of the complainant party, Mukhtiar Singh, raised a lalkara and asked his son Sadhu Singh to fire instead of waiting and Sadhu Singh his son fired from DBBL licensed gun of his father Mukhtiar Singh hitting Gurdip Singh on left side of his chest. Gurdip Singh fell down on the ground and Sadhu Singh another shot, as a result of which Gurdip Singh succumbed to the injuries at the spot. Mukhtiar Singh still inflicted a Kirpan blow on the neck of Baldev Singh. Harmel Singh witnessed the occurrence besides Bhajan Singh and Baldev Singh who were already present.

(3.) Bhajan Singh PW.5 made a statement Ex.PL before Inspector Tirath Ram, the then Station House Officer, Police Station, Jaitu, PW.14, at 11.30 P.M. on 28.7.1996 and on its basis formal F.I.R. Ex. PL/2 was recorded at 12.40 A.M. on 29.7.1996. The special report reached the Ilaqa Magistrate at 6.00 A.M. on 29.7.1996.