BANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide his judgment and order dated 13.5.1983 the learned Sessions Judge, Ferozepore, gave the benefit of doubt to Hira Singh, Jassa Singh, and Jagir Singh and convicted and sentenced the appellant as under Banta Singh appellant U/s 302 I. P. C Imprisonment for life and a fine of Rs. 1000/- or in default of its payment to undergo further rigorous imprisonment for one year. U/s 27 of the Arms R.I. for six months. Act.

(2.) The case of the prosecution in brief is that Kashmir Singh brother of Jagir Singh acquitted accused had some land adjacent to the shamilal land. After his death, his wife Surjit Kaur had sold 4 Kallals and 13 Mailas of land, which originally belonged to Kashmir Singh, to Baj Singh deceased. On the fateful day, i.e. 20.3.1982, at about 11 A.M. Baj Singh deceased was ploughing not only the land which he had purchased from Surjit Kaur but also the adjoining shamilat, land, which had been earlier in possession of Kashmir Singh deceased. It is said that Hira Singh armed with a gandasi, Jassa Singh armed with a kandhali, and Jagir Singh armed with a lakwa (all these acquitted accused) appeared on the scene. Jagir Singh, the acquitted accused, raised a lalkara towards the deceased that he would be taught a lesson for cultivating shamilat land. After this lalkara, all three of them advanced towards the deceased to cause him injuries. The deceased threw the plough and ran away towards his haveli. The prosecution story goes on to state that Banta Singh appellant was hiding himself in the wheat crop of the deceased. On seeing the deceased coming he stood up and fired a shot at he deceased from his licensed gnn Ex. P. 7. The occurrence was witnessed by Balbir Singh P.W. 1, uncle of the deceased, Shamsher Singh P.W. 2, his brother, and Dalip Kaur P.W. 3, who was his mother. All the three aforementioned witnesses set up a case before the police at the time of investigation that they were present in the field of the deceased at the time of the occurrence.

(3.) The report about this occurrence was lodged by Balbir Singh P.W. 1, at Police Station, Zira, at 1 P.M. The recording of the report was completed by Sub-Inspector Ram Dass P.W. 12 at 1.45 P.M. Copies of the special report were given to Constable Vijay Kumar P. W. 8 for delivering the same to the learned Judicial Magistrate 1st Class, Zira, as well as the Superintendent of Police, Ferozepore. This Constable presented the copy of the special report to the learned Judicial Magistrate, 1st Class, Zira, at 4 P.M. even though the police station and the court building are virtually contiguous to each other.