GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GURDIP Singh son of Kartar Singh Taneja, aged 38 years, Regd. Medical Practitioner, resident of Housing Board Colony, Sirsa Road, Hissar, appellant was found guilty of the murder of Kulwinder Singh aged 26/27 years by Additional Sessions Judge, Hissar and was sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment for fine to further undergo rigorous imprisonment for three years under Section 302, Indian Penal Code and two years rigorous imprisonment under Section 27 of Arms Act. Feeling aggrieved against his conviction and sentence, he has come up in appeal

(2.) IN brief, the facts of the prosecution case are that on the night intervening 13/14 October, 1989 PW 8 Krishan Kumar was sleeping in his house. At about 1. 30 a.m. during that night, his sleep was disturbed on account of the commotion in the street in front of his house. He came out and saw that Smt. Jaspal Kaur wife of Dr. Gurdip Singh Taneja who was residing and running clinic in house No. 550 situated on one side of the street, was raising an alarm from the stairs of her house. There was light inside and outside the house. Dr. Gurdip Singh was grappling with Kulwinder Singh, deceased of this case, outside his house, Grudip Singh accused was abusing Kulwinder Singh and was saying that why he had come to his house. Thereafter Gurdip Singh accused left Kulwinder Singh and went inside his house and came out with his licensed rifle. Kulwinder Singh was going in the street when Gurdip Singh accused loudly abused him and asked as to where he was going. Thereupon Kulwinder Singh turned back. Gurdip Singh fired a shot with his rifle thereby hitting Kulwinder Singh in his chest. He started running and fell down on the crossing of the street at a distance of about 15/20 paces.

(3.) THE evidence of Dr. S. K. Goyal and description of injuries given by him in the post mortem report Ex. PO tend to show that the assailant of Kulwinder Singh had fired a shot while standing on a higher level. Injuries No. 1, 2 and 3 were caused by a bullet and that is clear not only from the description of the injuries but from what Dr. Goel has stated in his evidence. He says: "All the fire arm injuries described by me above are possible with a single fire-arm shot if the arm is in close contact with the chest wall. However, the size of entry of chest wound and the size of entry of the arm wound are different. The fire arm injuries described by me above are possible from a distance of 9/10 feet."