MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Manjit Singh has been convicted under Section 302 read with Section 34 IPC for -committing the murder of Jagir Singh, whereas his co -accused Bachan Singh has been acquitted by the trial court. The appellant has been sentenced to undergo life imprisonment with a fine of Rs. 2,000/ - and in default thereof to undergo rigorous imprisonment for further three months. The trial Court further held him guilty of committing an offence under Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/ -. In default of payment of fine, further imprisonment for one and a half month has been awarded. Both the sentences are ordered to run concurrently. This has necessitated the appellant to file the instant appeal questioning the legality of the judgment and order of his conviction dated 12.5.1997 passed by the trial court.

(2.) THE genesis of prosecution case is in statement (Ex. PF) made by informant Gurdial Singh (PW.2) before SI Gurdip Singh (PW.8) on 19.6.2994 to the effect that in the night he, his mother Durgo and other family members were sleeping in the house, whereas his father Jagir Singh was sleeping at some distance, on a cot in the courtyard. At about 12.30 a.m. in the night on hearing the noise of a fire shot, all of them woke up and rushed towards inside. In the light of bulb, they saw Manjit Singh standing near the cot of his father, armed with a rifle. As soon as his father Jagir Singh stood up, Manjit Singh fired thrice upon him from his rifle, as a result of which his father fell down on the ground. Manjit Singh also fired a shot upon him (informant) but the same did not hit him. In the meantime two more unidentified persons came there and they dragged Jagir Singh to some distance and threw him in the corner of sugar -cane fields and fled away towards Sutlej river. Due to fear they remained inside and came outside after half an hour and found Jagir Singh dead. According to informant, the occurrence took place as about four years back, a raid was conducted by the police when Manjit Singh etc., were distilling illicit liquor and they have suspicion that it was on account of information furnished by Jagir Singh to the police. On the basis of said statement, formal FIR (Ex.PD) was registered. SI Gurdip Singh reached at the place of occurrence and inspected the spot. He prepared inquest report (Ex.PE) of the dead body of Jagir Singh, which was identified by Tehal Singh and Prem Singh. Six empties of 303 bore (Ex.P78 to Ex.P83) and 5 empties of 12 bore (Ex. P 84 to Ex.P88), recovered from the spot, were also taken into police possession vide separate recovery memos Ex.PT and Ex.PU respectively. He also lifted blood stained earth (Ex.P75) and one mattress (Ex.P76) and took them into possession vide recovery memos Ex.PV and Ex.PW respectively. He also prepared site plan (Ex.PX) and dispatched the dead body to Civil Hospital, Sultanpur Lodhi where post -mortem examination was done by Dr. Narinder Singh (PW. 1) vide PMR Ex.PA. During the examination, he found as many as eight injuries on the dead body and in his opinion the case of death was shock and hemorrhage due to fire -arm injuries, which were ante -mortem in nature and sufficient to cause death in ordinary course of nature.

(3.) SUBSEQUENTLY on 26.7.1994 Bachan Singh (since acquitted by the trial court) also suffered a disclosure statement (Ex.PO) and in pursuance thereof got recovered one rifle and 5 live cartridges of 12 bore, which were taken into possession vide recovery memo (Ex.PQ).