DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has filed this appeal challenging his conviction and sentence as ordered by the trial court under Section 302, 307 of the Indian Penal Code ('IPC' for short) and Section 27 of the Arms Act, 1959 ('Act' for short) vide order dated 26.9.2007.

(2.) Prosecution case was set in motion on the basis of the statement of complainant Bhag Singh before Inspector Mandeep Singh, Police Station Sadar Mansa. The complainant stated in his statement that on 15.6.2005, he along with his brothers Bhola Singh and Nachattar Singh alias Gopi, were returning back to their village from Mansa on a bicycle. When they reached near the fields of Baru Singh at about 6.00 P.M., Darshan Singh, armed with a 12 bore single barrel gun and a bag of cartridges, came there. Darshan Singh fired at Gopi as his (Darshan Singh) daughter had been turned out of the matrimonial home by him (Gopi). The shot hit Gopi on his right hand. Then Gopi rushed towards the fields after throwing his bicycle. Darshan Singh chased Gopi and after reloading his gun, fired another shot at Gopi which hit him on his right side of waist. On hearing alarm raised by the complainant, Darshan Singh picked up the bicycle of Gopi and rode towards village Khokhar. When the complainant reached near Gopi, he found that he had succumbed to his injuries. Then the complainant left Bhola Singh near the dead body of Gopi and himself proceeded towards the village on his bicycle. The complainant saw that Darshan Singh had entered the house of Gopi. The complainant followed him and saw that Darshan Singh fired at Surjit Kaur, wife of Gopi, who was sitting on a cot, which hit her on her left arm and chest. Darshan Singh then left the house. The complainant saw that Surjit Kaur was breathing her last and came out of the house and raised alarm.

(3.) In the meantime, Nahar Singh Panch reached there. Then the complainant along with Nahar Singh followed Darshan Singh with a view to apprehend him. Balbir Singh Panch was present in the vacant land in front of his house. Darshan Singh raised a lalkara that he (Balbir Singh) had not deposited Rs. 50,000/- in the name of his grandsons and he would not spare him. Thereupon, Darshan Singh fired at Balbir Singh. When they tried to apprehend Darshan Singh, he aimed his gun towards them. Then Darshan Singh fled away from the spot along with his gun towards the village. The motive behind the occurrence was that Gopi had adopted Piara, son of his brother-in-law.