LAWS(P&H)-1988-1-16

KALA SINGH Vs. STATE OF PUNJAB

Decided On January 13, 1988
KALA SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is an appeal directed against the conviction under Section 302, Indian Penal Code and the sentence of life imprisonment and a fine of Rs. 5,000/- there under and the sentence of two yearsT rigorous imprisonment under Section 27 of the Arms Act imposed by the Sessions Judge, Faridkot, upon Kala Singh convict.

(2.) The victim of the crime was one Gurminder Singh dectiased of village Raoke Kalan. The suggested motive for the crime is that a dispute arose over the removal of manure as the accused had been asked to remove the manure about 20 days prior to the present occurrence from his plot by Gurmel Singh and the accused refused to remove it and the deceased had then stated that he shall have to remove it.

(3.) The prosecution case is that on 13.1.1986 at about 5.30 p.m. Kala Singh accused armed with his licensed gun went in front of the house of Gurminder Singh deceased. He abused Gurmel Singh, father of the deceased. Manjit Singh PW along with Gurmel Singh and Gurminder Singh deceased were then present in the house. They came out of the house. The deceased asked the accused as to why he was abusing. Then the accused stated that he would teach him a lesson for getting his manure removed and simultaneously fired a shot from his gun, which hit the chest and left arm of the deceased. Mgnjit Singh and Gurmel Singh brought the deceased inside the house. The accused fired another shot, which, however, hit the gate. Thereafter, the accused went to his house. Gurmel Singh and Manjit Singh took the deceased in a car to Moga. On the way to the hospital, Manjit Singh went to the Police Station, Hadhni Kalan and lodged the F.I.R. Ex. P A with SubInspector Sher Singh. Gurmel Singh took his son to the Civil Hospital, Moga, where he was referred to C.M.C. Hospital, Ludhiana. He then took him there. The deceased was, however, declared dead by the doctor at Ludhiana. The dead body of Gurminder Singh was again brought to the Civil Hospital, Moga. Sub-Inspector Sher Singh went to the place of occurrence after recording the F.I.R. at about 6.30 p.m. On receipt of intimation about the death of the deceased, the Sub-Inspector went to Civil Hospital, Moga, held inquest and sent the dead body to the mortuary for autopsy. Thereafter, he lifted blood stained earth from the place of occurrence and also took into possession one empty cartridge Ex. P. 10 from the street at the alleged place of occurrence vide memo Ex. PJ. Three pellets were also taken into possession from the compound of the house of the deceased. The accused was arrested on 17.1.1986 and the gun Ex. P. 11 along with five cartridges and the licence of the gun was recovered from his person. The gun and the empty cartridges were sent to the Forensic Science Laboratory and it was reported vide Ex PL that the empty cartridge had been fired from that gun.