MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAL Singh has come up in appeal against the judgment dated October 30, 1984, of the leaned Sessions Judge, Patiala, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment of life and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of one year. He has also been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for one year. Both the sentences have been ordered to run concurrently. The appeal has been filed in the following circumstances.

(2.) MALWINDER Singh, deceased of the case, was the only son of Mangal Singh appellant. He was employed as a Mechanic in the Punjab Roadways. Some three months after his marriage with Smt. Jagbir Kaur P.W.5, he left service and started the business of dairy farming. Mangal Singh appellant did not relish his idea and he was rather angry with Malwinder Singh for having given up Government service.

(3.) MALWINDER Singh died at 10.45 p.m. His dead body was shifted to the mortuary. A.S.I. Gursewak Singh recorded the statement of Tarlochan Singh. He then along with Tarlochan Singh went to the spot. During spot inspection he discovered one empty cartridge just outside the door facing southwards, inside the room he noticed a pool of blood on the floor. There were pallet marks on the wall facing southern door. Some pallets and weds were found laying on the foot of the wall. The empty was picked up, converted into a sealed parcel and taken into possession. Blood was scrapped from the floor, put in a tin, sealed and then taken into possession. Similarly the pallets and weds were sealed and taken into possession. These articles were deposited in the police station.