KAUR SINGH Vs. STATE

JUDGEMENT

(1.) Kaur Singh has been convicted under Section 302, Indian Penal Code, by the Sessions Judge of Ludhiana. He has appealed and his case is also before us for confirmation of the death sentence.

(2.) The prosecution story is that towards evening on the 6th of February 1953 Ladha Singh P.W. 1, who is Girdawar Qanungo of Jodhewal halqa and had been working that day at Jotiwal, went to the house of Daya Singh deceased where he found Daya Singh about to set out for the purpose of shooting wild boar along with Kaur Singh accused. Ladha Singh accepted an invitation to join the party which set off, Kaur Singh being armed with the licensed double-barrelled shotgun of Daya Singh while the latter took the single barrelled gun of Ladha Singh. In the village they sat in some pits prepared for the purpose, but after that had sat for some time without seeing any game they decided to return home at about sunset. It is alleged that while they were walking home Kaur Singh suddenly shot Daya Singh twice with his own gun, on which Ladha Singh and Tara Singh, fearing for their own lives, ran back to the village. According to Ladha Singh, Kaur Singh also fired a shot in the direction of Tara Singh but missed him.

(3.) In the village Ladha Singh and Tara Singh informed Mahan Singh and Randhir Singh P.Ws and others that what had happened, and a party returned to the spot where Daya Singh was found lying dead. There was no trace of the accused and both Daya Singh's gun and that of the Qanuago were missing. A number of them then went to the Police Station at Machhiwara about five miles from the spot where Tara Singh's report was recorded at 10.45 p.m. Sub-Inspector Jai Gopal P.W. 20 reached the spot at about 2 a.m. and from two places near where the body was lying a total number of four spent cartridges was recovered.