SWARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Swaranjit Singh alias Mithu, resident of village Rajgarh Kube, was prosecuted for the murder of Harcharan Singh, his real uncle, and convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs. 2,000/-. In default of payment of fine, he has been further sentenced to undergo rigorous imprisonment for one year.

(2.) The story of the prosecution as stated by the eye-witnesses is that on 16th of July, 1982, Harcharan Singh deceased along with his son Mahesh-Mohinder Singh P.W. 3 was hoeing his cotton crop since 6 a.m. At about 11/11-30 a.m. Jasbir Kaur wife of Harcharan Singh deceased and his daughter Devinder Kaur P.W. 4 went to the field to bring fodder for the cattle. They also took the meals for the deceased and Mahesh-Mohinder Singh P.W. They had taken their meals at 12.30 p.m. Swaranjit Singh appellant went there and remonstrated with. Harcharan Singh deceased saying as to why the latter had placed clods of earth on the ridge of common water-course between their fields. The deceased tried to explain that as the water was overflowing the banks of the water-course, it caused the necessity for taking out the mud for placing there on the previous day. The accused abused the deceased and threatened him to teach a lesson for placing the earth on their side of the ridge of the water-course. After extending this threat, the appellant went away from there towards the village. After the departure of the appellant, the deceased suggested to the eye-witnesses and Jasbir Kaur to report the matter to the village Sarpanch. They also left for the village. When they were flear the village abadi, the appellant met, them while coming from the opposite side armed with a gun. The deceased was going on the left side of the road while the witnesses were on the other side. Raising a shout to teach Harcharan Singh a lesson for placing the earth on the ridge of the common water-course, the appellant fired a shot from his gun hitting Harcharan Singh on his chest and right upper-arm. On receipt of the gun-shot, Harcharan Singh fell down. The witnesses raised alarm. The appellant after reloading his gun left in the direction of village Kotli. Harcharan Singh expired at the spot. Leaving his mother Jasbir Kaur and sister Devinder Kaur at the spot, Mahesh Mohinder Singh went to Police Station Maur, where he made First Information Report at 1-45 p.m. the same day.

(3.) After the First Information Report was recorded, A.S.I. Kamail Singh P.W. 10 reached the place of occurrence at 3-30 p.m. The dead body was being guarded by Jasbir Kaur and Devinder Kaur. He prepared the inquest report on the deadbody and also picked up blood-stained earth from the place of occurrence. The deadbody was dispatched or postmortem examination.