DARBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed against the conviction under section 302, Indian Penal Code, and under section 27 of the Arms Act and a sentence of life imprisonment and a final of Rs. 20,000/- under the first count and one year rigorous imprisonment under the second count imposed by the learned Additional Sessions Judge Barnala, upon Darbara Singh convict. He has challenged his convictions and sentences in this appeal.

(2.) The victim of the crime was Jagrup Singh. Accused Darbara Singh and PWs Bahadur Singh and Karnail Singh are Sandus as their wives are real sisters. Inder Singh and Gurdev Singh are the brothers of Darbara Singh accused. Jagrup Singh alias Rup Singh deceased, Balwinder Singh and Sukhminder Singh are the sons of Bahadur Singh. The suggested motive for the crime is stated to be that about eight or nine months prior to the present occurrence, Sukhminder Singh was married to the daughter of Karnail Singh of village Chak Bakhtu. In that marriage, Gurdev Singh acted as a mediator. The marriage and the muklawa ceremony were performed on the same day. After the marriage, Karnail Singh took his daughter Jit Kaur to his village as she was simpleton and mentally deficient. She was taken to her village by her father against the wishes of Sukhminder Singh and his family members. About 10 days after the marriage, Karnail Singh came to the house of Sukhminder Singh at village Talwandi and requested the latter that he should bring back Jit Kaur to his house. Upon this, Sukhminder Singh told his father-in-law Karnail Singh that he should leave his daughter at his house and he (Sukhminder Singh) shall not bring his daughter himself. It is said that about 10 or 12 days prior to the present occurrence, Gurdev Singh, brother of Darbara Singh accused complained to Bahadur Singh that Sukhminder Singh did not go to village Chak Bakhta to bring back his wife Jit Kaur and that such misconduct of Sukhminder Singh shall prove costly to him because he (Gurdev Singh) brought about this marriage between the parties.

(3.) The prosecution case is that on 17th October, 1982 at about 4.00 or 5.00 p.m., Sukhminder Singh went to village Bihli to have a round of his 'Narma' crop field where Gurdev Singh also came there. The latter asked the former to bring back Jit Kaur upon which Sukhminder Singh told Gurdev Singh that the parents of Jit Kaur should leave her at his place and that he shall not go there for that purpose. At that time, Darbara Singh accused and his brother Inder Singh were also present there. The field of the accused and that of the complaint party adjoin each other. At that time, Gurdev Singh exhorted Inder Singh and Darbara Singh to teach a lesson to Sukhminder Singh for such a misbehaviour. It is said that Sukhminder Singh left the fields and came to his house where he narrated the incident to his father. Bahadur Singh and his sons Sukhminder Singh and Jagrup Singh deceased left for the Police Station, Bhadaur on a tractor driven by Sukhminder Singh. At that time, Bahadur Singh and Jagrup Singh were sitting on the left and right mudguards of the tractor respectively. When they reached near the pond and heaps of manure in the area of village Bihli the Sun was about to set. At that time, Bahadur Singh accused and his brothers emerged from the side of the pond. Darbara Singh accused and Gurdev Singh had Double-barrel Gun each whereas Inder Singh was armed with a Gandassa. Gurdev Singh and Inder Singh raised 'lalkara' saying that Sukhminder Singh should not be spared upon which Darbara Singh fired a shot from his gun aiming towards Sukhminder Singh but the same hit Jagrup Singh on the back of his right chest. On receipt of the injury, Jagrup Singh fell on the tractor and succumbed to his injuries there and then. The accused along with his companions left the spot. It is said that the accused fired some more shorts while leaving the spot. Bahadur Singh remained with the dead body whereas Sukhminder Singh went to Pritam Singh Sarpanch to inform him about the occurrence. In the meanwhile, Karnail Singh PW who also owns land in village Bihli reached the place of occurrence. Leaving Karnail Singh at the spot, Bahadur Singh and Sukhminder Singh left for Police Station Bhadur were Bahadur Singh lodged the report Ex. PA with Sub Inspector Sukhdev Singh. The police along with the complainant party reached the spot. The Sub-Inspector held inquest Ex. PB and sent the dead body to the mortuary for autopsy. On the following day, the Sub-Inspector lifted some blood-stained bajri and one empty cartridge Ex. P.19 from the place of occurrence. Darbara Singh accused was arrested on 31.10.1982 and his licensed DBBL gun (Ex. P17) was taken into possession.