SUKHWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present appeal is directed against an order passed by learned Sessions Judge, Sangrur on 07.10.2010 convicting the appellant for an offence under Section 302 of Indian Penal Code (for short 'IPC') and sentencing him to undergo life imprisonment and to pay a fine of Rs.10,000/-. The appellant was also sentenced to undergo rigorous imprisonment for a period of three years for an offence under Section 27 of the Arms Act, 1959.

(2.) The prosecution case was set in motion on the statement of Sukhdeep Singh @ Happy made to Sub Inspector (for short 'SI') Bharpur Singh at about 10 AM on 24.06.2008. He has stated that his father Harminder Singh (since deceased) is President of Gurdwara 1st, 6th and 9th 'Patshahi'. His father had called Amar Nath son of Bir Chand to go to Bathinda to purchase a Generator for Gurdwara Sahib. Amar Nath came to their house. Around 6:45 AM Amar Nath was enquiring about his father, when he was standing at the gate. He told him that his father had gone to outer house to call their servant Sambhu Bhayia. When his father while returning home reached near the gate, then Sukhwinder Singh son of Balwant Singh, the present appellant, came out of the adjoining vacant plot of Pandit Roop Chand with a .12 bore gun in his hand. He fired .12 bore gun which hit on the left side in the chest of his father. His father fell down. He and Amar Nath raised alarm but Sukhwinder Singh ran away from the spot with his .12 bore gun. He and Amar Nath removed his father to Civil Hospital, Sangrur where his father was declared dead. The cause of grudge was said to be that there was altercation between his father and Jaswinder Singh @ Jassi in the Panchayat Election and Sukhwinder Singh was encouraged by Jaswinder Singh to take life of his father. On the basis of such statement, ruqa Ex.PA/1 was sent to Police Station City, Sangrur and on the basis of such ruqa, First Information Report (for short 'FIR') Ex.PA/2 was lodged.

(3.) Thereafter, other formalities relating to investigation was completed. It was on 27.06.2008, Paramjit Singh produced the accused before the Investigating Officer and was arrested. The accused produced a .12 bore double barrel gun, an empty cartridge and 8 live cartridges which were taken in possession. During the investigation, the samples of feet of accused was also taken after the order of Sub Divisional Magistrate, Sangrur in the presence of Executive Magistrate on 28.06.2008. After completion of the necessary investigations, the prosecution submitted its report under Section 173 of the Code of Criminal Procedure (for short 'Cr.P.C.') and made the accused to stand trial. During the trial, the prosecution examined PW7 Dr. Parbhat Kumar who sent ruqa Ex.PG and PW8 Dr. Makhan Singh who had conducted the postmortem examination. During the postmortem examination, the doctor handed over a plastic box containing wad and bullet to HC Pavittar Singh. The postmortem report is Ex.PH. He has also deposed that there is hole in the shirt Ex.P1 which corresponds to the injury. In cross-examination, he opined that the deceased would have suffered the shot while he was still standing. There was no exit wound of the fire shot and the shot was caused on person of deceased from close range. The bullet was recovered from the body along with the wad but the pellets were not found having scattered in the body.