KULBIR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by appellants-Kulbir Singh and Jaspal Singh against the judgment of conviction and order of sentence dated 21.8.2007 passed by Additional Sessions Judge, Faridkot, whereby Kulbir Singh has been held guilty and convicted for the offences under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and Section 27 of the Arms Act and Jaspal Singh has been held guilty and convicted for the offence under Section 302 read with Section 34 IPC. Kulbir Singh has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 302 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for the offence under Section 27 of the Arms Act. Jaspal Singh has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 302 read with Section 34 IPC. Both the sentences of Kulbir Singh have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on receipt of a telephonic call from Gamdoor Singh resident of Village Mumara that Mukhtiar Kaur had been murdered in his village and Police should reach the spot, SI Darshan Singh, SHO, Police Station, Sadiq along with other Police officials reached the house of Mukhtiar Kaur where Paramjit Kaur got her statement recorded. In her statement, the complainant stated that she was married to Surinder Singh. About one and a half months back, she had got herself operated. There was paucity of milk in their house. For that reason, she came to the house of her mother Mukhtiar Kaur and was residing there.

(3.) On 9.10.2006, in the evening, she, her brother Jabarjang, her mother Mukhtiar Kaur, Santa Singh elder brother of her father from the village, her father's younger brother Makhan Singh, Ragi wife of Des Raj and others were loading paddy in the tractor-trolley from their house. At that time, Kulbir Singh alias Kala son of Balwinder Singh Sarpanch of Village Gujjar came to their house. They prepared tea. Kulbir Singh alias Kala also demanded water from them and took tea. After talking with her mother Mukhtiar Kaur, he went back. Her mother and other persons took the trolley to the market (Mandi) which was in their village itself. The complainant, her brother's wife Binder Kaur wife of Gurcharan Singh and her father's younger brother Santa Singh were in the house. At about 2.00 a.m. in the night, her mother came back from the market and talked with the complainant. When the complainant asked her mother about the time, she replied that it was 2.00 a.m. After that she fell asleep on the cot after putting the same in the courtyard. Her brother's wife was sleeping in the room along with her small child. When the complainant had just finished feeding her child and was sitting in the verandah, in the meantime, Kulbir Singh alias Kala armed with a gun came to their house. At that time, their outer bulb was on. Along with him another boy Pal Singh son of Kehar Singh resident of Village Gujjar also entered their house. She knew them earlier very well. She asked Kala as to why he had come to their house with a gun. The complainant made calls to her mother in loud voice. She was sleeping soundly. Kulbir Singh alias Kala went towards the cot of her mother along with the gun. She hurriedly threw her child on the cot and went in front of him. She pulled the quilt of her mother and again made a call to her. Kulbir Singh alias Kala caught her arm and threw her away and the other boy Pal caught hold of her. Then Kala fired two shots incessantly from his 12 bore double barrel gun, from a very close distance on the chest of her mother, who was lying asleep. After firing shots, both of them fled away from the spot along with the gun. The complainant saw that her mother had died on the cot. She called her brother's wife Binder Kaur and raised noise. Binder Kaur came out. She also started wailing and raising noise. She told the complainant that she was also watching all this and being afraid, she did not come out. They awakened the neighbours by raising alarm. Then they all went to the house of Sadhu Singh, Sarpanch.