GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURNAM Singh appellant along with his brother Nirmal Singh was arraigned in the Court of Sessions at Ferozepore on the charges of murder of Khazan Singh and committing, murderous assault on Malkiat Singh. The learned Sessions Judge, Ferozepore, acquitted Nirmal Singh accused of the charges and found Gurnam Singh guilty of both the charges under Sections 302 and 307, Indian Penal Code and had imposed the sentence of life imprisonment and fine of Rs. 2000/- under the first count and five years rigorous imprisonment and a fine of Rs. 500/- under the second count with the direction that the substantive sentences so awarded to him shall run concurrently. He has challenged his conviction and sentence in this appeal.

(2.) THE suggested motive for the crime is that on the fateful day i.e. on 5th November, 1982, at about 8 a.m. Sharam Singh PW was going to his fields when the accused Gurnam Singh and Nirmal Singh met him on the way and there was exchange of hot words between them on account of some earlier dispute of Sharam Singh with the father of the accused. Pritam Singh Lambardar of the village was informed about that incident who advised them not to exasperate the matter.

(3.) THE prosecution case is that on 5th November, 1982, at about 6 p.m. Gurnam Singh accused armed with a gun and Nirmal Singh accused armed with a takwa were standing in the street and they were abusing Sharam Singh. In order to prevent them from abusing Sharam Singh along with Khazan Singh since deceased came out of their house and went to the street in front of the house of Kartar Singh. Khazan Singh asked the accused as to why they were abusing, whereupon Nirmal Singh accused exhorted Gurnam Singh to fire from his gun. Gurnam Singh fired a shot from his gun and the same hit Khazan Singh in his abdomen and he fell down at the spot. Sharam Singh raised commotion on hearing which his son Malkiat Singh was attracted to the spot and they both went to take care of Khazan Singh but in the meantime Gurnam Singh fired another shot which hit the right thigh of Malkiat Singh. When Sharam Singh and Malkiat Singh raised alarm, then both the accused left the place of occurrence with their respective weapons. Piara Singh and Sharam Singh removed Khazan Singh to a hospital at Zira on a tractor but on the way to the hospital, Sharam Singh left for the Police Station and lodged the F.I.R. Ex PO which was recorded by Sub-Inspector Lakhbir Singh. The condition of Khazan Singh being serious he was referred to Mission Hospital, Ferozepore and from there he was referred to P.G.I., Chandigarh where he died on 23rd November, 1982.