JUGRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment and order dtd. 18/10/2003, rendered by learned Sessions Judge, Ferozepur, in Sessions Trial No. 44 of 2003. Appellant Jugraj Singh along with co-accused Mangal Singh was charged with and tried for the offence punishable under Sec. 302 read with Sec. 34 IPC. The appellant was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000.00 under Sec. 302 IPC. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of six months. Co-accused Mangal Singh was acquitted of the charge framed against him.

(2.) The case of the prosecution, in a nutshell, is that Malkiat Singh (PW.3) made statement, Ex.P5, before ASI Harpal Singh (PW.7) on 10/11/2000, to the effect that he was resident of village Valtoha. He along with Nirmal Singh son of Sadhu Singh resident of village Rupalan and Karnail Singh son of Kesar Singh resident of village Valtoha was staying in the house of Baljinder Singh for the last 9-10 months. In the morning of 10/11/2000, at 7.00 AM, Karnail Singh had gone to answer the call of nature. Mangal Singh son of Karnail Singh, who was their neighbour, entered into an altercation with Karnail Singh. Karnail Singh picked up a brick bat and hit Mangal Singh. They grappled with each other. The complainant was standing in front of his house on the pavement of the canal minor. He called Nirmal Singh from his house. Meanwhile, Jugraj Singh son of Mangal Singh came from his house with a gun and told his father Mangal Singh that he should get aside. Jugraj Singh fired with his gun at Karnail Singh. The shot hit Karnail Singh on his chest on the right side. Karnail Singh collapsed. Mangal Singh and Jugraj Singh escaped from the spot along with their weapon. The motive for the fight was that Karnail Singh had got a compromise effected between Baljinder Singh and Lakhbir Singh resident of village Badhni Gulab Singh, regarding land dispute. Mangal Singh was opposing the compromise. The land dispute was between Mangal Singh and Baljinder Singh on one side and Lakhbir Singh on the other side. The body was sent for post mortem examination. The accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. The accused were also examined under Sec. 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. They also examined two witnesses in their defence.