(1.) THIS appeal is directed against the judgment/order dated 17.8.1996 passed by learned Sessions Judge, Amritsar vide which the appellant Sukhchain Singh has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- under Section 302 IPC. In default of payment of fine, he was directed to further undergo R.I. for six months. The appellant was also sentenced to undergo R.I. for five years and to pay a fine of Rs. 1,000/- under Section 307 IPC. In default, he was directed to further undergo R.I. for four months. He was also convicted under Section 25 of the Arms Act and sentenced to undergo R.I. for three years. All the sentences were ordered to run concurrently. However, accused Sadha Singh, father of appellant was acquitted of the charges levelled against him.
(2.) THE prosecution story in brief is that on 30.5.1994 at about 10 P.M. Jit Singh complainant was sitting with Bakhshish Singh in front of his Bethak, when Sukhchain Singh, appellant, who is the real brother of his son-in-law Jagtar Singh came there and disclosed before them that he had a quarrel with Jagtar Singh. The accused also disclosed that Nindro, Jagtar Singh and Sandeep had got injuries in this incident and were lying at the Bethak. The complainant and Bakshish Singh immediately rushed towards the spot and found Nindro lying there. Jagtar Singh and his son Sandeep were taken to hospital. The mother of Jagtar Singh informed that accused Sukhchain Singh had a quarrel with his brother Jagtar Singh on the question of parking of tractor in the Deori and Sukhchain Singh had fired shorts with his rifle, which hit at Nindro, Jagtar Singh and Sandeep. In the said firing, Nindro had died. On getting information, the Investigating Officer went to the place of occurrence and found the dead body of Nindro lying there. The investigation continued and Sukhchain Singh and Sadha Singh were challaned.
(3.) TO prove the case, the prosecution examined Rishi Ram, PW-1, Satpal Singh, PW-2, HC Sarabjit Singh, PW-3, Sandeep Singh, PW-4, Dr. Gopal Dass, PW-5, Dr. I.B. Aggarwal, PW-6, Dr. Jaswant Singh, PW-7, Bhola Singh, PW-8, Jagtar Singh, PW-9, Dr. Sukhwinder Singh, PW-10, Jit Singh, PW-11, Bhagwant Kaur, PW-12, Gurbachan Singh, PW-13 and SI Mohinder Singh PW-14.