SARDOOL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Sardool Singh has filed this criminal appeal against the judgment of conviction and order of sentence dated 24.1.2009 passed by Additional Sessions Judge, Moga, whereby the accusedappellant has been held guilty and convicted for the offences punishable under Sections 302 and 336 of the Indian Penal Code (hereinafter referred to as 'IPC') and Section 27 of the Arms Act. He has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 302 IPC. He has also been sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for the offence under Section 336 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence under Section 27 of the Arms Act. All the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the statement Ex.P.5 of Harjant Singh complainant, in which he stated that they own 7 acres of land and had sown paddy crop in their fields. On 6.10.2005, the complainant along with his father Karam Singh and uncle Karnail Singh brought paddy products to the shop of Gurpreet Singh Sohan Singh resident of Galoti Kot Isse Khan, Commission Agent, for selling the same. As their paddy was not sold on that day, the complainant, his father Karam Singh and uncle Karnail Singh stayed in the Grain Market to guard their produce of paddy. His father Karam Singh had slept on one side. The complainant and his uncle Karnail Singh slept on the other side. On the intervening night of 7/8.10.2005 at about 12.30 a.m., the complainant and his uncle Karnail Singh on hearing the sound of the shots got-up and saw in the light of bulb that Sardool Singh resident of Kot Isse Khan, who was running a tea stall in the Mandi, was firing towards his father with a single barrel 12 bore gun. When they raised noise "being killed being killed", then Sardool Singh fired in the air. So many people gathered there. The accused ran away with his single barrel 12 bore gun from the spot. The complainant and his uncle saw the body of his father, who had received two fire shots and found that he was dead. The motive behind the occurrence was that his father had purchased a buffalo for Rs. 17,200/- from Sardool Singh and paid a sum of Rs. 1,000/- at that time and remaining amount was to be paid. In the morning when Sardool Singh came to their home and demanded money from his father, his father told him that paddy had been sent to Mandi and after the sale of paddy, the remaining amount would be paid. But Sardool Singh insisted to pay that amount and both of them quarreled with each other. So, due to this enmity, Sardool Singh murdered his father. After leaving his uncle Karnail Singh near the dead body, the complainant along with his uncle Chamkaur Singh went to Police Station to report the matter. The Police party met him on the way and he got recorded this statement. After recording the statement and making endorsement at 2.10 a.m. by SHO, Police Station Kot Isse Khan, 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered at 2.20 a.m. on 8.10.2005. Special report was received at 6.00 a.m. on that very day. The Police party reached the spot. Inquest report Ex.P.2 was prepared. Statements of witnesses were recorded. Dead body was sent for conducting post-mortem examination. Rough site plan was prepared. Three cartridges were lifted from the spot which were taken into Police possession after preparing sealed parcel. Blood stained earth was lifted. Case property was deposited in the 'Malkhana'. Karnail Singh next day produced accused Sardool Singh before the Investigating Officer, who was arrested. During investigation, on the basis of disclosure statement made by the accused-appellant, his gun was recovered which was taken into Police possession after preparing sealed parcel. After necessary investigation, the challan was filed in the Court.

(3.) On presentation of challan, the trial Court finding prima facie case against accused-appellant Sardool Singh, framed charges for the offences under Sections 302 and 336 IPC and Section 27 of the Arms Act, to which the accused-appellant pleaded not guilty and claimed trial.