KIRPAL SINGH ALIAS PALA SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is brought by Kirpal Singh alias Pala Singh against his conviction under section 302, Indian Penal Code, and sentence of death passed on him by Sessions Judge, B.D. Mehra, on the 26th March, 1953, for the murder of Gurbakhsh Singh, and the case is before us for confirmation under section 374 of the Criminal Procedure Code.

(2.) The facts of the case are that one Kahan Singh mortgaged about four or five acres of land to Joga Singh, father of the appellant Kirpal Singh. A year before the occurrence, which was on the 1st April, 1952, Gurbakhsh Singh purchased this land from Kahan Singh and wanted to redeem the mortgage but they were not being given possession and this was a cause of annoyance between Gurbakhsh Singh deceased on the one hand and Joga Singh and his son Kirpal Singh on the other. On the morning of the 1st April, 1952 at about 8 a.m. Gurbakhsh Singh deceased, his wife Nihal Kaur, and Ghughi a nephew of the deceased (brother's son) went to the field to fetch fodder. The appellant Kirpal Singh came there while the deceased was cutting fodder and shouted to the deceased to get ready, whereupon the latter stood up and it is alleged that Kirpal Singh fired a pistol at him. He reloaded his pistol and fired another shot and similarly a third shot and Gurbakhsh Singh then fell down with his face upwards. The deceased had taken a salang (prong) with two arms. The appellant picked this up and caused further injuries to the deceased. As a result of the pistol shots and the prong the deceased received a number of injuries. According to the prosecution he was alive for about two hours after the assault on him. The occurrence was witnessed by Nihal Kaur P.W.3. widow of the deceased, P.W.4, Shivdat Singh a cultivator of the village who it is alleged, is a tenant of the deceased, P.W.5 Chanan Singh, P.W.6 Sampuran Singh and P.W.7 Piara Singh alias Ghughi who is aged 11. The latter was only tendered for cross-examination.

(3.) Besides the eye-witnesses, the prosecution rely upon the recovery of a pistol, two cartridges and a blood stained shirt at the instance of the accused.