GURDEEP SINGH @ BAUJI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Gurdeep Singh who was convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act has challenged the judgment and conviction recorded by the trial Court. Accused Surinder Kumar Changli was acquitted of the charges framed as against him. The brief case of the prosecution is that on 15.08.2003 at about 6.35 P.M. Bhalinder Singh (deceased) was returning from his fields. Bhalinder Singh was the brother's son of complainant Hardev Singh. Hardev Singh and Sukhpal Singh were going from Gurudwara side towards their fields. Accused Gurdeep Singh armed with .315 bore gun came along with Inderjit Singh and Surinder Kumar Changli from the opposite direction. Surinder Kumar raised lalkara that Bhalinder Singh should be taught a lesson for getting his sheller and godowns closed and also for defeating Gurdeep Singh in the election of Sarpanch. Accused Gurdeep Singh fired a shot from .315 bore rifle which hit below the left armpit and crossed the body of Bhalinder Singh after fracturing his ribs. Surinder kumar fired a shot from his pistol towards Bhalinder Singh but the said fire shot did not hit him. Bhalinder Singh fell down and died on the spot. Complainant Hardev Singh and Sukhpal Singh raised hue and cry upon which all the accused ran away from the spot with their respective weapons.

(2.) SUKHPAL Singh was examined as PW 1. He supported the case of the prosecution as regards the charges framed against the accused -appellant Gurdeep Singh. Complainant Hardev Singh was examined as PW 7 before ever the other accused were summoned under Section 319 Cr.P.C. but unfortunately he died when the case was taken up again and de -novo trial was conducted by the trial Court.

(3.) PW 3 Balwinder Singh has spoken to the fact that he contested for the election of Sarpanch in the village. Accused Gurdeep Singh also contested for the said election. PW 3 won that election. The deceased Bhalinder Singh helped him in that election he won. PW 4 Jagnandan Singh was the father of the deceased Bhalinder Singh. He has deposed that Bhalinder Singh was helping PW 3 Balwinder Singh for the election of Sarpanch. The accused Gurdeep Singh who contested the said election was defeated by PW 3. Therefore, accused Gurdeep Singh nursed a grudge against deceased Bhalinder Singh. PW 6 Inspector Balwinder Singh having recorded the statement of complainant Hardev Singh took up the case for investigation. He conducted inquest on the dead body. He arrested the accused Gurdip Singh on 17.08.2003. On the basis of the disclosure statement made by him a rifle kept concealed in his room under the chaff was recovered along with one empty cartridge from the chamber of the rifle and four live cartridges. He could not recover any bullet or empty cartridge of pistol from the scene of occurrence.