GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant Gurnam Singh (herein the accused) faced the trial for an offence under Section 302 IPC and on conviction was sentenced to undergo life imprisonment with a fine of Rs. 2000/-; in default of which he had to further undergo rigorous imprisonment for a period of four months.

(2.) THE case as set out by the prosecution is that the complainant Dalip Singh (PW-4) made a statement with ASI Lakhmir Singh (since dead), on 7.10.1987 at 10.40 p.m. in Guru Teg Bahadur Hospital that he is resident of Village Saron and is an agriculturist. That about one month prior to the occurrence one Gurnam Singh son of Hazara Singh of his village along with 5/6 other persons came to his house and started attacking his son Kashmir Singh (deceased) with dangs and rifles and told him that they had some enmity with Gurdip Singh son of Hazara Singh resident of their village and as to why the deceased allowed him to come to his house. The complainant replied that Gurdip Singh never visited their house. The womenfolk closed the doors and on the intervention of some people, the matter was settled down. On the date of occurrence, the complainant, his son (deceased Kashmir Singh), his grandson Chinder Singh were going to their fields to irrigate the paddy crop and when they had reached near their fields at about 5 pm, the accused Gurnam Singh armed with a rifle came there and asked them that they instigated Gurdip Singh etc. against him and fired a shot from his rifle on the deceased which hit him on the right side of his abdomen. On receiving bullet injury he fell down on the ground and the accused ran away from the spot with his rifle. He took his son (deceased Kashmir Singh) in an injured condition to Guru Teg Bahadur Hospital, Amritsar in a truck where he died. On his statement formal first information report ws registered by ASI Harbans Singh at 12-20 a.m. and the special report was sent to the Ilaqa Magistrate through Bhag Singh (PW-6) which was received by him on 8.10.1997 at 8.80 am.

(3.) HEARD Mr. R.S. Cheema, Sr. Advocate, for the accused and Mr. Randhir Singh, Deputy Advocate General, Punjab, on behalf of the State; also bestowed our thoughtful consideration over the record on the file.