SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1st October, 1994, passed by the learned Sessions Judge, Patiala. By this judgment, the learned Sessions Judge convicted the appellant for offences under Section 302 IPC and Section 25 of the Arms Act. The appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/- under Section 302, IPC and further to undergo rigorous imprisonment for one year in case of default of payment of fine. The appellant was further sentenced to undergo rigorous imprisonment for a period of one year under Section 25 of the Arms Act. The learned Sessions Judge also ordered that both the substantive sentences shall run concurrently.

(2.) A case vide FIR Exhibit P1/B, under Section 302, IPC and under Sections 25/27 Arms Act was registered at P.S. Civil Lines, Patiala, on 12.10.1992 against the appellant on the basis of the statement of PW 1 Sinder Devi w/o Om Nath (deceased). The statement of PW 1 Sinder Devi was made on 12.10.1992 at 9.40 a.m. before Inspector Rachhpal Singh (PW 6) at the level crossing No. 21, Patiala. Recording of the FIR Exhibit P1/B commenced at 10 a.m. on 12.10.1992 and was completed at 11.10 a.m. The special report reached the Ilaqa Magistrate, through Constable Gurmit Singh at 3.30 p.m. on 12.10.1992 itself. It may be stated here that the distance between the Police Station and the Civil Courts is 2 kms.

(3.) AT about 10/11 p.m. there was a knock at the door of their room from outside and her husband switched on the light of the courtyard from inside and then she and her husband opened the door and saw that Surjit Singh was standing in the courtyard armed with sten-gun in his hand. She further stated that her husband by taking ill of it, asked him about the knocking of the door at night but Surjit Singh replied that he was the owner of the house and he could knock the door at whatever time he wanted. Thereafter, an altercation took place between her husband and Surjit Singh and on hearing their raula, some of their neighbours and other tenants namely Prem Nath and Gunman Jasbir Singh reached the spot. Then her husband said in a loud voice that although they were poor but had respect and it was not good for Surjit Singh to knock at the doors of others at midnight. At this Surjit Singh got enraged and fired at her husband with his sten-gun holding in his hand, which usually was kept by his Gunman and which hit on his right flank. On hearing the sound of fire-shot and raula, when many people gathered there, Surjit Singh started posing that gun had been fired accidentally and he alongwith other persons took her husband to Rajindra Hospital in an injured condition for treatment, where her husband died. She further stated and that their neighbor Prem Nath, Jasbir Singh gunman of Surjit Singh, had seen the entire occurrence and the cause of murder was that earlier also Surjit Singh used to look at her lustfully and thinking her alone at house Surjit Singh had come to outrage her modesty having a stengun in has hand but he suddenly saw her husband at house and to save his dignity committed the murder of her husband by giving him gunshot. She further stated that after leaving Narinder Singh who was co- employee with her husband in the Excise Department, to guard the dead-body of her husband in Rajindra Hospital, she went to a close friend of her husband Harbans Singh Peon, in the Market Committee Patiala and narrated him the whole matter and she along with said Harbans Singh was coming to the Police Station when Rachhpal Singh Inspector met her.