MELA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is preferred by Mela Singh, who tried with his co-accused Jit, Singh and Malkiat Singh (since acquitted) against the order conviction and sentence recorded against him by the learned Sessions Judge, Ferozepur, dated May 8, 1993. The appellant herein was convicted under Session 302 of the Indian Penal Code and 27 of the Arms Act and to pay fine of Rs. 200/- or in default thereof to further undergo RI for six months under Section 30, IPC. He was further sentenced to undergo RI for two years and to pay a fine of Rs. 100/- or in default thereof to further undergo RI for three months under Section 27 of the Arms Act. Both the substantive sentences were, however, ordered to run concurrently.

(2.) The occurrence leading to the death of Karnail Singh was reported by Jarnail Singh PW 2 to SI Nagor Singh, PW 4 at village Maluke at 9.00 AM on Sept. 16, 1991, on the basis of which formal FIR came to be recorded at 9.40 a.m. on the same day. The special report with regard to the incident was received by the Magistrate at Zira at 11 am on the same day.

(3.) Jarnail Singh stated that they were six brothers, younger to him being Karnail Singh, Earlier he was a truck driver and now engaged in doing cultivation. Houses of all the brothers were adjacent, and adjacent to their houses, there was house of Jit Singh, Malkiat Singh and Mela Singh sons of Arjan Singh. At about 10 p.m. an electric bulb, which was temporarily installed on the door of the house of his brother Karnail Singh, was emitting light. Their neighbours, namely, jit Singh, Malkiat Singh and Mela Singh were hurling abuses loudly to his brother Karnail Singh, was emitting light. Their neighbours, namely, jit Singh, Mallkiat Singh and Mela Singh were hurling abuses loudly to his brother karnail Singh and he came out in the street and asked them as to why they were hurling abuses to them. Mela Singh was armed with a single barreled. 12 bore licenced gun of his father whereas Jit Singh and malkiat Singh told Mela Singh," Mela, fire a shot. Today they should not be allowed to escape." Thereupon, Mela fired a shot towards them with the gun which he was holding. The shot hit near the left ear of his brother Karnail Singh, as a result of which he fell down with his face downward. He raised an alarm of 'Killed, killed' and ran into the house of Karnail Singh. They fired two more shots and continued hurling abuses loudly. Malkiat Kur wife of Karnail Singh and he shut the door. Malkiat Kaur had also seen the occurrence. They did not come out of the house during night out of fear. The cause of grudge was that the field of his house during night out of fear. The cause of grudge was that the fields of Jit Singh, Malkiat Singh and Mela Singh. They had narrowed down his passage by cutting the boundary line and also quarreled on that account the day and karnail Singh had lodged a protest in this regard with their lather Arjan Singh They dragged the dead body of Karnail Singh to the door of their house. He reported the matter to Hardayal Singh, sarpanch, who accompanied him to lodge the report to the police station. He had left his brother Mukhtiar Singh near the dead body and when Nagor Singh SI met him, he got his statement recorded.