ISHAR RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated December 16,1989, passed by Sh. D.S. Dhaliwal Sessions Judge, Ferozepur, convicting the appellant under Section 302 of the Indian Penal Code and under section 27 of the Arms Act and sentencing him to undergo imprisonment for life and a fine of Rs. 1000.00 and in default of payment of fine to further rigorous imprisonment for one year under section 302 of the Indian Penal Code and further sentencing him to rigorous imprisonment for one year under section 27 of the Arms Act.

(2.) The appellant had been tried for the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, for the murder of Gehla Ram on the following allegations. Gehla Ram deceased aged 65 years owned about 30/32 killas of land. He did not have any male issue. He kept his residence in a dhani built in the fields. P.W. 3 Krishan Lal, who is the maternal grandson of the deceased, was residing with him and was helping him in agriculture. One of his daughters Jallan Bai and her husband Jammu Ram were also living with him. The appellant is the real brother of said Jammu Ram.

(3.) The house of the deceased consisted of three residential rooms and a cattle room. On 21/11/1988 the deceased went to sleep in the cattle room of his residential house. His wife Bhirwan Bai-P.W. 2 slept in one of the residential rooms. Jattan Bai and Jammu Ram slept in another room of the house, whereas Krishan Lal went to sleep separately in another room. At about 10.30 P.M. Bhirawan Bai woke up on hearing reports of gun fire from the side of cattle room. Krishan Lal also woke-up. Bhirawan Bai woke up her daughter Jattan Bai and son-in-law Jammu Ram. They also ran towards cattle room. On reaching there, they saw Ishar Ram in electric light emerging out of the cattle room holding a gun in his hand. They rushed to Gehla Ram, who was lying injured on the cot. Soon, thereafter, he breathed his last. This resulted in alarm being raised by his relatives, as a result of which Jhanda Ram and Bhagwan Dass were attracted to the spot. In their company, Bhirawan Bai left for the police station, but on the way, they met Inspector Mithan Singh, near the Octroi Post Abohar and she made a statement Exhibit PC which was sent to the Police Station and on its basis, formal First Information Report Exhibit pen was registered.