RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29th April, 1994, passed by the Sessions Judge, Ferozepore. By this judgment, the learned Sessions Judge convicted the appellant for the offence under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine, further to undergo rigorous imprisonment for three years. The learned Sessions Judge also convicted the appellant under section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for three years and to pay a fine for Rs. 1,000/- and in default of payment of fine, further to undergo rigorous imprisonment for one year. He ordered that sentences shall run concurrently.

(2.) A case under section 302, IPC and Section 27 of the Arms Act was registered against the appellant on 14th April, 1993 at 9.25 P.M. at P.S. Sadar Abohar vide FIR Exhibit PE/2 on the basis of the statement of Gamdoor Singh (PW-2) who is the brother of deceased Iqbal Singh. The statement of Gamdoor Singh was recorded on 14th April, 1993 at 8 P.M. by SI Jagdev Singh (PW-6). In his statement, Gamdoor Singh stated that he and his brother Iqbal Singh (deceased) had taken 6 Killas of land on lease from Kirpal Singh and this land is situated near the fields of Ravinder Singh alias Ravi (appellant). He further stated that they had sown Barley crop in their land and had hired a Harvester combine for the harvesting of the barley crop. He further stated that he and his brother Iqbal Singh were coming on the tractor-trolley to the fields to harvest barley crop when the tyres of tractor-trolley got slipped into the wheat crop field of Ravinder Singh alias Ravi and as a result of which some wheat crop was got trampled. He then stated that on 14th April, 1993 at about 5.30 P.M. when he and his brother Iqbal Singh were talking while standing on the culvert of their fields, appellant Ravinder Singh alias Ravi, resident of Khuban came there is his yellow half-body jeep; parked his jeep near them and after getting down from the jeep, he started hurling abuses saying, "You have damaged the wheat crop by trampling it and I will teach you a lesson for it.". Then his brother Iqbal Singh told Ravinder Singh that he would be paid for the loss caused to him but Ravinder Singh alias Ravi got enraged and took out a pistol from the right pocket of his pants and fired a shot at his brother Iqbal Singh which hit him on his abdomen below the right side of the chest. His brother fell down as a result of the fire shot. While he was lying down, Ravinder Singh fired another shot which missed him. He raised raula "Marta, Marta" (Killed, Killed). On hearing the report of fire shots, Jagjit Singh S/o, Ujagar Singh and Bagga Singh son of Kaka Singh of the village who were standing near the combine, reached the spot and within their sight, his brother Iqbal Singh succumbed to his injuries at the spot.

(3.) S .I. Jagdev Singh (PW-6) accompanied by Gamdoor Singh (PW-2) and Sarpanch went to the place of the occurrence. There Bagga Singh, Jagjit Singh and PW-3 Darshan Singh were present near the dead body which was lying near the culvert on Pahi dividing the fields of the accused and the complainant party. P.W. 6 prepared the inquest report Exhibit PC and entrusted the dead body to Head Constable Kuldip Chand and Constable Jaswinder Singh for getting post mortem examination done. He lifted two empty cartridges of 32 bore pistol and put them into parcel which was sealed and taken into possession vide Memo Exhibit PD/2. He prepared rough site plan Exhibit PK with marginal notes and recorded the statements of the witnesses.