GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT appeal has been preferred against the judgment of conviction dated 21.05.2009, vide which accused appellant was held guilty and convicted for the offence punishable under Section 302 of Indian Penal Code (in short IPC) and the order of sentence of the even dated, vide which he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 3000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of 1 1/2 years.

(2.) THE brief facts giving rise to this prosecution are that deceased Balbir Singh alias Billa was married to Satinder Kaur alias Tejinder Kaur, daughter of Jagjit Singh, resident of village Kingra about 6 -7 years prior to the present occurrence in United States of America. The other relatives of Joginder Singh had been residing in Punjab. The divorce proceedings between the deceased and his wife were going on in U.S.A. Joginder Singh, the father of the deceased, had constructed a big house in Raipur Rasulpur. PW5 complainant Jagir Singh, who was married to the sister of the wife of said Joginder Singh, had been residing in his house along with his wife Jasbir Kaur, son Gurpreet Singh alias Gopi and daughter Manpreet Kaur. That on 08.06.2004, deceased Balbir alias Billa came to them and told that he had come from U.S.A. just 2 -3 days back after attending the hearing of the divorce case. After 2 -3 days, one young man, aged about 20/22 years, from his in -laws side, came to Raipur Rasulpur to meet him. That person took bear with the deceased and asked that he should enter into a compromise with his wife. That young man again visited him after gap of one day and again took bear with him. Thereafter, he never came to that house. On 18.6.2004, at about 10:30 p.m., the complainant along with his other family members and the deceased was lying on the roof of their house and were talking to each other. In the meanwhile Manohar, the owner of the nearby Dhaba, gave the call bell of their house. Deceased came down. The other family members also followed him. When the deceased opened the door, Manohar left that place. At that time one young boy of the age of 25/30 years, with trimmed beard, was standing there, who was supporting a Patka on his head. He shook his hand with the deceased and told that he had come to deliver his goods. Deceased replied that he had no recognized him. In the meanwhile, that person handed over one chit to the deceased and told that he had fully recognized him and then he fired a shot at the head of the deceased, who died at the spot itself. After leaving Saudagar Singh by the side of the deceased and accompanied by Gurdev Singh Sarpanch, the complainant proceeded to the Police Station to report the matter. SI Harbhajan Singh, Incharge Police Post, Maqsudan, Distt. Jalandhar along with other police employees met the complainant at Bus Stand of Nurpur and recorded the statement of the complainant Ex. PF. On the basis of which, the FIR Ex. PF/2 was registered and investigation was started.

(3.) ON 29.06.2004, the present appellant along with Surinder Pal, Jarnail Singh and Smt. Tarlochan Kaur alias Toshi had suffered the extra judicial confession before Gurdev Singh, Sarpanch. They were produced before the Investigating Officer by said Gurdev Singh Sarpanch. They were arrested in this case. On interrogation, the present appellant suffered the disclosure statement Ex. PQ. In pursuance thereof, he got recovered one country -made pistol wrapped in a polythene bag from the disclosed place. The same was converted into a sealed parcel. After preparing the sketch, it was taken into possession vide memo Ex. PQ/2. The case property was deposed with Moharir Head Constable and on completion of the investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was presented in the Court against all the four accused.