BAGHEL SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) RESPONDENT No. 1 was arrested in connection with F.I.R. No. 74 dated 10.11.1996 under Sections 302/307/34 of the Indian Penal Code and 25/54/59 of the Arms Act, Police Station Boha, District Mansa.

(2.) AS per the F.I.R., respondent No. 1 and his brother Sadhu Singh armed with 12 bore gun were standing outside a shop when Sadhu Singh raised Lalkara exhorting respondent No. 1 to teach a lesson to Sukhdev Singh and Albel Singh for taking illegal possession of 'Shamlat land' belonging to Panchayat. Respondent No. 1 took out his licensed pistol from his pants and fired at Sukhdev Singh which hit on his chest and he fell down. Another shot hit on the back of Sukhdev Singh who died at the spot. It is further contended that when Albel Singh raised noise in order to save his brother, respondent No. 1 fired 3-4 shots at Albel Singh and one shot hit him in his stomach while two fire shots hit him on his left thigh.

(3.) THIS Court also considered that respondent No. 1 was a Sikh person as per the certificate of the Civil Surgeon.