GURCHARN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GURCHARAN Singh (42) Appellant was tried by the learned Sessions Judge, Sirsa for the murder of his brother Gurbachan Singh (66) by shooting him in the abdomen at 7 P.M. on May 29, 2000 in the street in front of the deceased's house.

(2.) THE learned trial Judge vide judgment dated September 18, 2001 found Gurcharan Singh guilty of the murder and sentenced him to rigorous imprisonment for life under Section 302 I.P.C., pay a fine of Rs. 5000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months. Gurcharan Singh was also found guilty of attempt to murder Gurbachan Singh's son Savinder Singh (PW12) and was sentenced to rigorous imprisonment for five years, pay a fine of Rs. 2000/ - and in default of payment of fine to further undergo rigorous imprisonment for two months. Furthermore, Gurcharan Singh was convicted under Section 27 of the Arms Act to undergo rigorous imprisonment for three years, pay a fine of Rs. 1000/ - and in default of payment of fine to further undergo rigorous imprisonment for one month. All sentences were directed to run concurrently. Feeling aggrieved, Gurcharan Singh has filed the present appeal.

(3.) ON May 28, 2000 at 6 P.M. the accused had told Savinder Singh (PW12), son of the deceased, to leave his field. After this quarrel the accused came to Gurbachan Singh's house armed with his licensed 12 bore S.B.B.L. gun. The deceased was standing outside the front gate of his house. The accused threatened the deceased with dire consequences and raised a lalkara that he would kill him and his family members for not handing over possession of the cultivable land. After hearing the commotion Narinder Singh (PW8) and his brother Satpal Singh (PW9) reached the spot. The deceased tried to pacify his brother but the accused fired a shot from his gun which hit the deceased in his abdomen and as a result of which he fell on the ground and the accused ran away from the place of the occurrence declaring that he would also kill Savinder Singh (PW12).