JASPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Jaspal who faced trial before the Addl. Sessions Judge Jalandhar in Sessions Case No. 30 of 1993 under Section 302, Indian Penal Code, was accordingly convicted and sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 1,000/- and in default to further undergo rigorous imprisonment for ' three years. The appellant has come forward in appeal.

(2.) THE case of the prosecution is that Dalbir Kumar (P. W. 1), the complainant, was in charge of the guard of treasury and Malkhana in the premises of Old Courts Jalandar. During the night intervening 5th and 6th October 1992, Romesh Chander (deceased) was on sentry duty of the Malkhana from 9. 00 p. m. to 12 midnight while, the appellant/accused Jaspal was on sentry duty of the treasury. During the preceding evening, accused Jaspal and Romesh Chander (deceased)had an altercation which was pacified by complainant Dalbir Kumar and Gurmit Singh. Gurmit Singh and the complainant Dalbir Kumar were sleeping out side in the courtyard near the Guard Room. At about 11,00 p. m. complainant Dalbir Kumar heard the accused Jaspal abusing Romesh Chander (deceased ). Dalbir Kumar and Gurmit Singh got up and saw Jaspal shooting Romesh Chander, who was sitting on a chair, with his 303 bore rifle which hit on the abdomen of Romesh Chander. After throwing the rifle and the cartridges, accused Jaspal ran away from the spot. Gurmit Singh and Dalbir Kumar took Romesh Chander to the Civil Hospital, but, on the way he died near Jyoti Chowk.

(3.) DALBIR Kumar (P. W. 1) and Gurmit Singh (P. W. 2) were examined to speak about the occurrence.