BABU SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This judgment would dispose of Criminal Appeal No. 591-DB of 2000, Criminal Appeal No. 422-DBA of 2001 and Criminal Revision No. 346 of 2001 as they have been filed against the common judgment dated Oct. 10th, 2000 passed by learned Sessions Judge, Bathinda, whereby, Babu Singh accused-appellant was convicted under Sections 302 of Indian Penal Code and Sec. 27 of Arms Act and sentenced to undergo imprisonment for life and three years respectively and to pay a fine of Rs. 2500.00 in total with default stipulation. Sadhu Singh respondent was acquitted.

(2.) On Nov. 8th, 1997 at about 8.30 PM, Gurmail Singh-complainant (PW-6), Surjit Singh-injured (PW-5) and Harcharan Singh (deceased) were going to see off Surjit Singh to his house in village Giana. When they reached near the house of Sadhu Singh and his son Babu Singh, they noticed both of them standing outside the Chaubara (a room on the ground floor of the house) of their house. Sadhu Singh was armed with a 12-bore single barrel gun. Babu Singh exhorted Sadhu Singh that Harcharan Singh and Surjit Singh should be taught a lesson for stopping the flow of the water of the drain of their house. Sadhu Singh fired a shot upon his father Harcharan Singh standing in the staircase of his house. The shot hit the right arm of Harcharan Singh. Some pellets also hit Surjit Singh (PW-5) on his right hand and right thigh. Harcharan Singh fell down. Babu Singh took the gun of his father and fired another shot which hit the head of Harcharan Singh. An alarm was raised. On hearing the noise raised by the complainant, Jagdeep Singh brother of Surjit Singh and Sukhdev Singh reached the spot. Prior to the occurrence, an altercation had also taken place on Oct. 30th, 1997 over a dispute of flow of drain water between the complainant and the accused.

(3.) Surjit Singh was brought to the Civil Hospital by his brother Jagdeep Singh. Gurmail Singh and Sukhdev Singh proceeded to lodge the report to the Police. Des Raj Sub-Inspector (PW-15) met them near Raman Kanchian, Raman, and recorded the statement (Exhibit PJ) of Gurmail Singh. He appended his endorsement (Exhbit PJ/1) and sent the same to Police Station. On the basis of which, FIR (Exhibit PJ/2) was registered. The scene of occurrence was got photographed. Des Raj inspected the spot on Nov. 9th , 1999. Inquest proceedings (Exhibit PC) were conducted. Blood stained earth was lifted and two fired shots (empties) and two wads were taken into possession from the spot vide recovery memorandums Exhibit PM and PK respectively. Site plan of the place of occurrence (Exhibit PU) was prepared. The dead body of Harcharan Singh was sent for post-mortem examination, which was conducted by Dr. Satpal Garg (PW-3). On Nov. 9th , 1999 clothes of Surjit Singh and a pellet taken out from his body were made into a sealed parcel and were taken into possession vide recovery memorandum (Exhibit PW).