KAKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Kaka Singh Nihang son of Jaggar Singh, resident of village Bishnandi, Tehsil Jaitu, District Faridkot for challenging the judgment and order dated 18.2.2003 passed by learned Sessions Judge, Faridkot.

(2.) The case of the prosecution is that on 26.10.2001 at 10.35 p.m. complainant Joginder Singh made statement Ex.PA before SI Darshan Singh at Gol Market, Jaitu that he was resident of village Bishnandi and doing cultivation. He had three sons, eldest was Chamkaur Singh, who was serving in the Agriculture Department, younger to him was Labh Singh, whereas Rajpal Singh @ Pappu was his youngest son and doing cultivation. On that day in the evening, he, alongwith his sons Chamkaur Singh and Rajpal Singh went to have a round of their fields situated on Chaina link road. While returning home, both Chamkaur Singh and Rajpal Singh were going ahead of him by 5/7 karms and he himself was holding torch with its light on. At about 8.30 p.m. when his sons reached in front of the door of Master Harnek Singh, which was located on the phirni of the village, the accused came from the side of bus stand. He abused Rajpal Singh by calling his name and proclaimed that let him run if he could and he would tell him how to play with the honour of others. Simultaneously, the accused pointed .12 bore country made pistol carried by him in his right hand at Rajpal Singh, who turned backward in order to run away. Within the sight of Joginder Singh and his son Chamkaur Singh, the accused fired at Rajpal Singh which hit on his back below the scapula. As a result, he fell down. The accused fled away from the spot alongwith the pistol. Rajpal Singh died there and then. The cause of the occurrence was that the accused had a suspicion against Rajpal Singh of having illicit relations with his niece and for that reason he had murdered Rajpal Singh by firing at him. After leaving his son Chamkaur Singh at the spot to guard the dead body, the complainant alongwith his brother Ajmer Singh started for the Police Station to lodge the report, who came across SI Darshan Singh and made statement before him.

(3.) It is also the case of the prosecution that SI Darshan Singh after making endorsement Ex.PA/1 on the statement Ex.PA, forwarded the same to Police Station Jaitu, where on its basis, FIR Ex.PA/2 dated 26.10.2001, under Section 302 IPC and Section 25 of the Arms Act was registered against Kaka Singh Nihang accused at 10.45 p.m. by ASI Jaswinder Pal, which was completed at 11.45 p.m. Special report sent through Constable Mukhtiar Singh was received by the ACJM (D), Faridkot on 27.10.2001 at 9.10 a.m.