JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13-9-1997 passed by Additional Sessions Judge, Ferozepur, whereby he convicted appellant- Joginder Singh under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and he was ordered to pay a fine of Rs. 2,000/- in default thereof, he was directed to further undergo rigorous imprisonment for six months.

(2.) A synoptical resume of the prosecution case is as under ;- A complaint under Section 302 of the Indian Penal Code was filed by Harbans Singh son of Gurbachan Singh, Jat, resident of Chak Saidoke, Police Station Sadar Jallalabad, tehsil Fazilka against Joginder Singh stating therein that on 18-1-1993 at about 9.00 a.m. complainant, his brother Harjinder Singh alias Inder Singh, Sube Singh son of Partap Singh, Jarnail Singh son of Mukhtiar Singh, Pohla Singh son of Aroor Singh all residents of village Chak Saidoke had gone to the school of the village for the purpose of casting their votes in the Panchayat Election. It has been alleged that at about 9.45 or 10.00 a.m., he and his brother Harjinder Singh made a request to the voters to keep them aside, so that there may not be any dispute in casting their votes for the people, who were already standing in queue to cast their votes. In the meantime, Constable Joginder Singh No. 1421, PC Branch, office of the Senior Superintendent of Police, Ferozepur challenged his brother Harjinder Singh and abused him and subsequently, he fired a shot from his rifle. The shot fired at Harjinder Singh hit on his head and he died at ,the spot. The occurrence was witnessed by the complainant along with Suba Singh son of Partap Singh, Jarnail Singh son of Mukhtiar Singh and Pohla Singh son of Aroor Singh, all residents of village Chak Saidoke. Joginder Singh was stopped not to fire shot, but he did not pay any attention and committed the murder of Harjinder Singh. He lodged a report With Inspector Harbans LaL, who recorded his statement and a case was registered vide FIR No. 5 dated 18-1-1993 under Section 304 of the Indian Penal Code, but he was not arrested by the police and no action was taken against him notwithstand- ing the fact that he visited the Police Station on number of times and this necessitated the filing of complaint.

(3.) The inquest report on the dead body of Harjinder Singh was prepared by Inspector Harbans Lal and he sent the dead body of Harjinder Singh to Civil Hospital, Fazilka, where post-mortem on the dead body of Harjinder Singh was conducted. As per the post-mortem report, cause of death was due to shock and haermorrhage as a result of injuries Nos. 1 and 2, which were on the vital part of the brain and were sufficient to cause death in the ordinary course of nature and the injuries were caused with firearms.