MALOOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurbux Singh eldest real brother of the deceased, who is living in Delhi, sold 23 Kanals of his agricultural land, falling to his share on partition, situated in village Naura to Malook Singh for Rs. 1,75,000/- in June, 1986. Girdawari of the land sold was entered in the name of his other two brothers in Dayal Singh and Bela Singh. Ever since thereafter both the brothers of the vendor were putting, obstacles in the way of vendee Malook Singh to his getting actual physical possession of the land sold to him by Gurbux Singh. Civil suit as also security proceedings were pending inter-parties between the vendee and the two brothers of the vendor Dayal Singh, now deceased, was elder amongst two brothers living in village Naura.

(2.) Around 9.00 P.M. on 9th February, 1987 when Dayal Singh had come back from Gurdwara to his residential house in village Naura after attending a meeting presided over by him along with his brother Bela Singh and Tara Singh son of Waryam Singh of his village and was in the process of changing clothes there was a knock at the door. As soon as Dayal Singh dressed in underwear and vest (Bunyan) opened it Malook Singh standing outside fired a shot from his pistol which allegedly hit Dayal Singh below the nose. Dayal Singh fell down on the ground and breathed his last. At the relevant time Malook Singh was allegedly accompanied by Mehar Singh son of Sunder Singh, Avtar Singh son of Naurang Singh, both carrying a kirpan each and Gurmel Singh his own son carrying a Gandasi and is attributed a Lalkara proclaiming. ' Dayal Singh be taught a lesson for not delivering possession of the land." Occurrence was seen by Bela Singh and Tara Singh the two persons present in the house of Dayal Singh at the relevant time; who are both alleged to have followed Dayal Singh to the entrance door of his house; when he came towards it in response to the knock aforesaid.

(3.) On being charged with the commission of offences under Sections 302, 452 read with section 34 of the Indian Penal Code all the four accused pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated 5th December, 1987, learned trial court acquitted three accused in Mehar Singh, Avtar Singh and Gurmel Singh. Malook Singh alone was convicted under section 302 of the Indian Penal Code and section 27 of the Arms Act. For his conviction under section 302 of the Indian Penal Code accused was awarded imprisonment for life and ordered to pay Rs. 1000/- as fine. In default of payment of fine accused-appellant was ordered to undergo rigorous imprisonment for a further period of six months. For his conviction under section 27 of the Arms Act the accused was awarded rigorous imprisonment for a period of one year and also ordered to pay Rs. 500/- as fine. In default of payment of fine he was to undergo rigorous imprisonment for a further period of three months. Substantive sentences of imprisonment awarded to the accused-appellant on both the counts aforesaid were, however, ordered to run concurrently. Feeling aggrieved therefrom Malook Singh convicted-accused has filed Criminal Appeal No. 8-DB of 1988 in this Court.