AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMRIK Singh, Head Constable of the office of the Senior Superintendent of Police, Amritsar, has been convicted under Section 302, Indian Penal Code, and sentenced to imprisonment for life for the murder of Harjit Singh of village Kang committed on 23rd June, 1979 in the area of village Veein Pooin, by the learned Additional Sessions Judge, Amritsar. He has challenged his conviction and sentence by way of this appeal.

(2.) BRIEFLY stated the prosecution case as set up at the trial was that Harjit Singh (since deceased) was an Ex-army man and had settled as his village after his release from the Army for the last three years prior to his murder. He had three daughters. He became a follower of a Saint known as Sant Sangh-ranwala in order to get a son born in his family. The Saint forbade him from taking non-vegetarian food so that he may be blessed with a son. Harjit became teetotaler and used to visit the Dera of the Saint, Ultimately. God blessed him with a son, who was 11/2 years old at the time of this occurrence. On the direction of the Saint, Harjit started Akhand Path at his house at village Rang on 22nd June, 1979. Wasawa Singh, resident of Veein pooin, first cousin of Harjit Singh's wife was not on good terms with Harjit Singh.

(3.) ON the morning of 23rd June. 1979, Harjit Singh (since deceased) came to invite Wasawa Singh on the Bhog ceremony. When he reached near the fields of Wasawa Singh in the area of village Veein Pooin, Wasawa Singh along with his son Jaimal Singh besides Boota Singh and Sulakhan Singh were present in their fields and were taking Toori (Wheat chaff) to the tube-well. In the meanwhile. Head Constable Amrik Singh, appellant along with about seven constables, of Police post Fatehabad came on cycles that side. Sulakhan Singh and Wasawa Singh PWs Knew these police officials they being posted in their police Post and Amrik Singh Head Constable used to hold naka invariably on the culvert near to, their village. Amrik Singh appellant had a rifle with him and one of the constables was also having a rifle and the remaining constables were holding Dandas. The appellant and his companions surrounded Harjit Singh, who was riding a mare, and made him to come down. The appellant threatened Harjit Singh that he was a dealer in the illicit liquor but Harjit Singh (since deceased) replied that he was a teetotaler and had come to invite Wasawa Singh for the Bhog ceremony. The appellant then demanded money from Harjit Singh as a condition to release him. Harjit Singh refused to pay any money to the appellant, whereupon the appellant and his companions started abusing Harjit Singh. Harjit Singh also returned the abuses to the appellant and told him that when he did not deal in any such activity, why should he pay the money to the appellant. The companions of the appellant then asked the appellant to teach a lesson to Harjit Singh; who was abusing him. The appellant then fired a shot from his rifle on front side chest of Harjit Singh, who fell down dead. The appellant also placed the dead body of Harjit Singh on the mare and took him towards Police Post Fatehabad.