RUSSI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.8.1994 passed by Additional Sessions Judge, Sangrur. By this judgment learned Additional Sessions Judge convicted appellant Russi Singh under section 302 Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs. 2000/-. In case of default of payment of fine, he was ordered to undergo further RI for one year. Co-accused of Russi Singh namely Mahinder Singh and Dev Raj were, however, acquitted by the learned Additional Sessions Judge.

(2.) A case under section 302/148/149 Indian Penal Code and under Section 25/27 Arms Act was registered at Sunam Police Station on 14.12.1989 at 3.40 AM vide First Information Report Ex.PD, on the basis of the statement of PW-2 Mellu Singh. The said statement of Mellu Singh was recorded by PW-5 SI Amrik Singh on 14.12.1989 at 2.30 AM. The special report reached the Ilaqa Magistrate through constable Surjit Singh at 4.30 AM on 14.12.1989. PW-2 Mellu Singh in his statement stated that on 13.12.1989 at about 7.30 PM, he was present at his house when his brother Hari Ram came to his house. Thereafter he and Hari Ram started going to the house of Hari Ram and when they reached in front of the house of Niranjan Singh PW-3, Niranjan Singh was standing in his door. An electric bulb was emitting light on the corner of the house of Sukhdev Singh. Then he started talking with Niranjan Singh and his brother Hari Ram went ahead. In the meantime appellant Russi Singh armed with a DBBL gun, Bhagwan Singh @ Rabbi also armed with DBBL gun and Dev Raj armed with a Gandasa, Mahinder Singh armed with a kirpan and Kessar Singh armed with a Gandasa came there from the opposite side while hurling abuses loudly. He further stated that Bhagwan Singh @ Rabbi and his co-accused were saying, "Today we will go after giving land to Niranjan Singh." At this Hari Ram told them as to why they were quarrelling. Thereupon Russi Singh fired a shot from his DBBL gun at his brother Hari Ram which hit him on his left shoulder and he fell on the ground after taking turn. He and Niranjan Singh raised alarm "Mar-ditta, Mar-ditta" then all the five accused returned towards back side with their respective weapons while raising lalkara. Hari Ram expired at the spot. Mellu Singh further stated that motive for the murder was that Bhagwan Singh @ Rabbi and some other persons were illegally occupying about 50 acres of land of Harijans and the Harijans of the village had elected Niranjan Singh as President and he had been authorised to pursue the case before Tehsildar Sunam for getting the land vacated. He and his brother Hari Ram as also all other persons were also pursuing this case.

(3.) PW -1 Dr. H.S. Balli conducted the post mortem on the dead body of Hari Ram and found the following injuries on the dead body :