STATE OF PUNJAB Vs. ARJINDER SINGH

JUDGEMENT

(1.) This is an Appeal filed by the State of Punjab against the judgment and order dated 25.5.1991, passed by the Sessions Judge, Patiala, impliedly acquitting the accused respondent for the offence under Section 302, I.P.C, and instead convicting him for the offence under Section 304 Part - I, I.P.C, besides convicting him for the offence under Section 27 of the Arms Act and sentencing him to undergo R.I. for three years and fine of Rs. 500/- and in default of payment of fine, to undergo further R.I. for two months, under Section 304 Part - I I.P.C and also sentencing him to undergo R.I. for six months under Section 27 of the Arms Act and directing both the substantive sentences of imprisonment to run concurrently. The state of Punjab is aggrieved against the implied acquittal of the accused respondent of the offence under Section 302, I.P.C and has accordingly filed the present appeal against acquittal.

(2.) In the present case, the accused-respondent, Arjindervir Singh, is alleged to have committed the murder of his own son. Prabhjit Singh with a fire-arm, on 11.12.1998. The F.I.R Ex. PD/2 was recorded on the statement. Ex. PD, made by Smt. Darshan Kaur (PW-4) wife of accused-respondent, Arjinder Singh and mother of deceased Prabhjit Singh being an eye-witness. The other eye-witness of the occurrence is PW-5, Raminderjit Singh, the other son of the accused- respondent. Arjindervir Singh and brother of Prabhjit Singh deceased.

(3.) As per the allegation made in the statement Ex. PD, made by Smt Darshan Kaur, before S.I. Mohan Singh at 11.45 P.M., on 11.12.1988, her husband, Arjindervir Singh, accused, was addicted to drinkings whereas she herself was running a school upto middle class. It was further alleged that after taking drink, her husband used to abuse her and her children and used to demand money from her to purchase liquor. It was alleged that on that day at about 9.30 p.m. her husband, Arjindervir Singh, accused, came to the house in drunkard condition and was having a 2 bore double barrel gun in his hand and on reaching the house, he called her outside in the verandah and when she went to her husband and asked him as to what was the matter, her sons, Prabhjit Singh deceased and Raminder Jit Singh, PW, also came behind her. It was alleged that at that time, her husband told her not to come near him, but she tried to catch him, but he wanted to free himself and he fired with the gun, which he was holding in his hand at his son, Prabhjit Singh , which hit him on his buttock and thereafter, he fired another shot, which did not hit anyone and meanwhile, Prabhjit Singh fell down on the ground. It was further alleged that she and her son Raminder Jit Singh, PW, lifted Prabhjit Singh, deceased, while her husband Arjindervir Singh, accused, ran away from there, after leaving behind his gun. She and her son, Raminder Jit Singh brought Prabhjit Singh to Rajindera Hospital, where he was given injection and after short while, Prabhjit Singh expired in the Hospital. She further stated that she and her sons used to prevent Arjidnervir Singh from consuming liquor and he used to take ill of it. On the basis of the said statement, Ex. PD, formal F.I.R, Ex. PD/2 was recorded on 11.12.1988 at 11.55 p.m. in Police Station, Kotwali, Patiala.