MUKHTIAR SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants are aggrieved by their conviction and sentence as under:

(2.) The FIR was registered on 12.08.1995 at 11.30 A.M. on the statement of PW -8 Mangal Singh, brother of the deceased Gurdev Singh, to the effect that he, his brother Jagtar Singh and deceased Gurdev Singh alongwith their parents were living together. He was truck driver while his brothers were doing agricultural work. Mukhtiar Singh, his step -brother was living in a separate house. His father Sohan Singh and his elder brother Jagtar Singh were constructing northern wall of the house which had fallen due to rain, while he and his brother Gurdev Singh were in the house. At 9.30 A.M., Jasbir Singh son of Mukhtiar Singh having brick -bat in his hand and Balbir Singh, his maternal uncle's son who was empty handed, came in the street. Balbir Singh raised a lalkara that they will teach a lesson for constructing the wall without leaving a distance. Jasbir Singh hurled a brick -bat, which hit Mangal Singh on the middle of the head. Mukhtiar Singh armed with a .12 bore double barrel gun climbed the upper storey of the house of Angrej Singh and aiming at the complainant party, he fired two shots, which hit Gurdev Singh on his chest and right bicep, on which, Gurdev Singh immediately died. On raising of alarm, the accused fled away. According to Mangal Singh, the grievance of the accused was that the complainant party was constructing a wall, which obstructed Mukhtiar Singh to ply his tractor through the street. Mangal Singh started for going to the police station for lodging of report and on the way he met Major Singh, SHO, P.S. Mallanwala, who recorded his statement at 11.15 A.M.

(3.) Major Singh (PW -12) went to the place of occurrence, prepared inquest report on the dead body of Gurdev Singh, sent the dead body for post -mortem, inspected the place of occurrence, lifted bloodstained earth, lifted two empty cartridges from the roof of house of Angrej Singh, prepared rough site plan (Exh. PR) and took into possession clothes of the deceased. He arrested the accused on 21.08.1995. He recorded the disclosure -statement of Mukhtiar Singh, leading to recovery of 12 bore licensed gun and 10 live cartridges.