BARA MASIH Vs. JAGJIT SINGH

JUDGEMENT

(1.) REHMAT Masih, aged 14/15 years, son of the plaintiff- appellants, was killed by the defendant-respondents on February 16, 1983. The dispute had arisen between the parties on the sharing of meat of the blue bull, which was killed after falling in the tank of the defendants after being chased by the stary dogs. In the suffice that ensued, Jagjit Singh took out his pistol and fired two shots, out of which one bullet hit Rehmat Masih in the chest and the other hit Pritam Singh on his mouth. Rehmat Masih succcumed to his injuries there and then, while Pritam Singh died a year thereafter. Dr. Sant Parkash Singh of Civil Hospital, Miuktsar, gave the opinion that the death of Rehmat Masih was caused due to shock and haemorrhage as a result of the injury on the back and left side of scalp with a fire-arm. Jarnail Singh defendant is also said to have reached the spot with a licensed gun with which he is alleged to have fired one shot, but it did not hit anybody.

(2.) BOTH the defendants were tried for the offence punishable under Sections 302/307 read with Section 34, Indian Penal Code. Jarnail Singh was acquitted by the trial Court vide judgment dated February 27, 1984 and Jagjit Singh defendant was convicted under Sections 302/307, Indian Penal Code, and Section 27 of the Arms Act. Jagjit Singh was also acquitted by the High Court on November 28, 1984 in Criminal Appeal No. 183-DB of 1984. It was held by the learned Division Bench that Jagjit Singh had fired two shots with which Rehmat Masih was killed, in exercise of the right of private defence of his brother Parmatma Singh.

(3.) IN the written statement the defendants set out a different story. According to them, in fact Jagjit Singh and his brother Baljit Singh were not present when the blue bull fell in the tank of the tubewell. But instead Parmatma Singh son of Jarnail Singh defendant was there. Rehmat Masih, Subhash Masih, Pritam Singh and Ladda Masih son of Mansi Masih came there and all of them removed the skin of the animal. Parmatma Singh allegedly gave some meat to them and took away the remaining meat and the skin of the blue bull in the tractor trolley to the village. After coming to the village. Rehmat Masih and Subhash Masih made more demand of the meat from Parmatma Singh, but he refused to oblige them. Annoyed thereby, Rehmat Masih and Pritam Singh armed with Gandasas and Ladda Masih armed with dang and Subhash Masih armed with a pistol came to the house of Parmatma Singh and started causing injuries to him. According to them, a shot was firmed from the pistol by Subhash Masih, which hit the left arm of Parmatma Singh. On the alarm raised by Parmatma Singh, Jagjit Singh defendant was attracted to the spot and in the private defence of person of his brother, Jagjit Singh fired two shots.