HARCHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY the impugned judgment learned Sessions Judge, Patiala, convicted Harchand Singh under Section 302, Indian Penal Code and sentenced him to life imprisonment and fine of Rs. 3,000 and in default to further undergo rigorous imprisonment for 2 years. He was further convicted under Section 307, Indian Penal Code and sentenced to rigorous imprisonment for 5 years and fine of Rs. 500 or in default thereof, rigorous imprisonment for 6 months on four counts. All the substantive sentences were ordered to run concurrently.

(2.) HARCHAND Singh accused was the Sarpanch of the panchayat of village Lakhomajra, where he settled down as Khanadamad at the house of his mother -in -law Smt. Chinto, as he was married with her only issue Smt. Gurnam Kaur, about 25 years ago. Mohar Singh Panch of the said panchayat and others moved an application, Exhibit PM, on 16th August, 1974 to the Deputy Commissioner, Patiala, alleging therein the embezzlement of panchayat funds by the accused along with others. The Block Development and Panchayat Officer, Ghanaur, fixed the date 2nd September, 1974 for enquiry and summoned both the parties to appear before him in the village on that date. Coming to the incident in question, the prosecution allegations are that on 29th August, 1974 at about sunset time, Jasbir Singh (now deceased) his brother Jaswant Singh, Krishan Chand, Som Nath, Bhajan Singh and Mohar Singh PWs, besides Garja Singh, assembled at the village common well which happened to fall at a short distance from the house of the accused to hold consultations in connection with the enquiry. It is alleged that the accused came out of his house in the street carrying a double barrel 12 bore gun and fired a shot which hit Jasbir Singh in the chest, who fell down. When his brother Jaswant Singh tried to look after him, the accused fired another shot which hit Jaswant Singh. Thereafter two more gun shots were fired which resulted in injuring Bhajan Singh (P.W. 10), Som Nath (P.W. 11) and Krishan Chand (P.W. 12). Garja Singh and Mohar Singh raised alarm and then the accused retreated to his house along with the weapon. Jasbir Singh succumbed to his injuries there and then. Immediately after the occurrence, Gurdev Singh father of the deceased, Puran Chand, Panch and a constable arrived at the spot. Gurdev Singh and Mohar Singh removed all the injured persons to Civil Hospital, Rajpura in a tractor trolly and got them admitted there at 1.30 A.M. on 30th August, 1974. Dr Gurjit Singh (P.W. 2) who examined the injured, sent intimation, Exhibit PJ, to Police Station, Rajpura. On receipt of the said intimation at about 1.45 A.M., Sub -Inspector Mohinder Singh rushed to the hospital and recorded the statement, Exhibit PL, of Jaswant Singh (P.W. 9) and on its basis formal First Information Report, Exhibit PL/1, was drawn by Moharrir Head Constable Kartar Singh (P.W. 16), for the offence under Sections 302/307, Indian Penal Code and under Section 27 of the Arms Act. The special report was conveyed to the Illaqa Magistrate, Rajpura, at 5.45 A.M. After recording the statement of the other injured, the Sub -Inspector deputed Assistant Sub -Inspector Hazara Singh and two constables to guard the place of occurrence. On the following day at about 8 A.M., the Sub -Inspector went to the spot, held inquest, Exhibit PD and sent the dead body to the mortuary for autopsy. The Sub -Inspector recovered an empty cartridge from the drain near the house of Puran Chand at a distance of about 32 feet from the dead body. He lifted blood stained earth from near the dead body of Jasbir Singh, besides from a distance of 2 -112 feet and 5 feet from the dead body. He also picked up 9 wads lying scattered in the lane in between the house of Puran Chand and the dead body. Besides, some pellets were embedded in the outer wall of the house of Bhajan Singh at a distance of 30 feet beyond the said well towards the north side. Some more pellets were recovered from, near the foot of that wall. The Sub -Inspector prepared the visual plan, Exhibit PS, of the places of occurrence. Joginder Singh (C.W. 2) was found injured by the Sub -Inspector. After preparing the injury statement, a constable was deputed for his medical examination. The investigating Officer recorded the statements of Karamjit Singh (P.W. 14), Dalbir Singh and Daljit Kaur about the other incident in which Joginder Singh was injured. The accused was arrested on 2nd September, 1974 by the Assistant Sub -Inspector Hazara Singh (P.W. 21). The accused was carrying his double barrel 12 bore gun (Ex. P. 28), 5 live catridges and the license (Ex. P. 27). These articles were taken into possession, - -vide Memo., Exhibit PT. The gun and the cartridges were despatched to the Director, Forensic Science Laboratory, Chandigarh on 8th October, 1974. Shri L.A. Kumar, Scientific Officer (Ballistics), - -vide his report, Exhibit PX, opined that the empty cartridge had been fired through the left barrel of the gun. Dr. Gurjit Singh (P.W. 2) examined Bhajan Singh (P.W. 10), Som Nath (P.W. 11), Jaswant Singh (P.W. 9) and Krishan Chand (P.W. 12) on 30th August, 1974 at about 9 a.m. and found injuries of the following description:

(3.) 0.25 cm diameter scabbed wound over the dorsum of middle phalynx ring finger on the left side.