KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULDIP Singh aged 44 years, a resident of Amritsar was tried for committing the murder of Ajit Singh and Waryam Kaur deceased by Additional Sessions Judge, Amritsar. He was convicted under Section 302, Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 2500/- or in default to undergo further rigorous imprisonment for six months on two counts. He was also convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 1,000/- or in default to undergo further rigorous imprisonment for two months. The substantive sentences were, however, ordered to run concurrently.

(2.) THE motive for the crime is stated to be that Ajit Singh deceased had illicit relations with Waryan Kaur deceased, daughter of Kuldip Singh accused. The prosecution case is that on 5-6-1985, Sharm Singh along with his mother Mehar Kaur and his two sons, namely, Ajit Singh deceased and Rajinder Pal Singh were sleeping on the roof-top of their house which they had taken on rent from one Gurbax Singh. It about 130 A.M, Sharm Singh got up to urinate but he found that his son Ajit Singh was not present on his bed. Since Ajit Singh had illicit relations with Waryam Kaur, daughter of Kuldip Singh, suspicion aroused in the mind of sharam Singh that Ajit Singh might have gone to Kuldip Singh's house. Sharm Singh and Rajinder Pal Singh went to the house of Kuldip Singh and there they found present Kuldip Singh with a double barrel gun in his hand and Ajit Singh and Waryam Kaur were also present there in a room on the third floor. On seeing Sharm Singh and Rajinder Pai Singh, the accused fired two shots from his gun which hit his daughter Waryam Kaur and Ajit Singh, as a result of which they both fell down and died at the spot. On hearing the commotion, Manohar Singh, Jagdish Rai and Ashok Kumar tenants of the accused were also attracted to the spot and they witnessed the occurrence. Thereafter, the accused ran away from the spot. Shram Singh set out for the police station and on the way he met Rajinder Singh Assistant Sub-Inspector and made a statement before him and on that basis F.I.R. Ex. PN/2,,as recorded at Police Station B Division Amritsar at 3 10 A.M. Rajinder Singh went to the house of the accused and found the dead bodies of Ajit Singh and Waryam Kaur lying there. He held inquests and sent the dead bodies to the mortuary for autopsy. He also prepared the visual plan Ex. PD of the place of occurrance lifted blood-stained earth from the spot. The accused was arrested and gun Ex. P. 10 was recovered from his possession. He was interrogated by the Investigating Officer and he suffered disclosure statement leading to the recovery of two empty cartridges from the specified place of concealment.

(3.) THE ocular testimony consists of Sharm Singh PW 6, Manohar Lal PW 7, Ashok Kumar PW 8 and Rajinder Pal Singh PW 9. Rajinder Singh, Assistant Sub Inspector PW 10 is the Investigating Officer in the case. The remaining evidence is of formal nature. When examined under section 313, Criminal Procedure Code, the accused denied the prosecution allegations and pleaded false implication in the case due to misguided suspicion no evidence was, however, led in defence.