MUNSHISINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by Munshi Singh who has been convicted by the Sessions Judge, Sri Ganganagar under section 302 I.P.C. and has been sentenced to imprisonment for life.

(2.) The prosecution case in brief is that on July 12, 1973 at about 9 P.M. at Dharamshala situated in village Santpura, a Ramila party was singing filmy songs. The Ramlila was over a day earlier and it ended with Bhog ceremony. It is said that the deceased Zeetsingh came and objected to the singing of such songs. Thereupon, Pavitrasingh and Gurudeepsingh sons of Munshi Singh who were listening to the songs, asked Jeet Singh as to who he is to prevent singing of songs. Then wrangle took place between them and Zeetsingh inflicted a lathi on the head of Pavitrasingh and they grappled with each other. Zeetsingh then caught hold of Gurdeepsing by his lock of hair. Then both Pavitrasingh and Gurdeepsingh grappled with Zeetsingh and his hair were also caught hold by both of them. According to the prosecution, at that time, the appellant came armed with a 12 bore double barrel gun. It is said that Sukhdeo Singh (informant) and Jalawar Singh (P W.3), who were intervening and separating them, made themselves away and at that time, it is alleged that Gurdeepsingh and Pavitra Singh exhorted their father to fire a shot. Thereupon, Munshi Singh fired a shot, which hit Zeetsingh on the left side. Zeetsingh fell down. The persons assembled ran away from the spot. According to Sukhdeosingh, he went to the house of Zeetsingh and informed his mother. Zeetsinghs brother Baldeosingh was not available. Zeetsinghs mother informed that Baldeosingh had gone to Sri Ganganagar and he might have come to Nukera and so, he may proceed to Nukera. Sukhdeosingh then went to Nukera. He sent his brother Gurbachansingh to find out Baldeosingh at Sangariya. Two other persons viz., Gurdeosingh ad Gurbuxsingh were sent to Dholnagar to find out Baldeosingh. Baldeosingh was found at Dholnagar and he came to Santpura. The occurrence was narrated to him. They saw Zeetsingh lying dead. Govind Kotwal and two other persons were left near the dead body and Sukhdeosingh went to Sangariya to lodge the report. The report Ex. P was lodged on the same night at 2. 45 A.M. A case under s. 302/34 I.P.C. was registered by Niranjansingh (P.W.5). He proceeded to the spot and conducted spot investigations. He also visited the house of the appellant Munshisingh and recovered a double barrel muzzle loading gun. The investigation subsequent changed hands. It may be stated here that on July 17, 1973, Harnek Singh, the brother of the appellant Munshisingh made a complaint to Dy. S.P. that the appellant has been falsely implicated and the killer of Zeetsingh is Gurbachansingh. After investigation, challan was presented against Gurbachansingh. At this stage, a complaint was filed by Sukkdeosingh and after holding the enquiry, he was also committed to the court of Sessions for trial. Both the accused were tried by the learned Sessions Judge. In sessions case No. 68 of 1974, Gurbachansingh was acquitted and in sessions case No.281 of 1974, Pavitrasingh and Gurdeepsingh were acquitted and the appellant Munshisingh was found guilty of having shot Zeetsingh dead.

(3.) Before the Sessions Judge, at the trial in this case, 5 witnesses were in all examined. Dr. Swadesh Mitra Saini was examined as P.W. 1, Sukhdeosingh (P. W. 2 and Zilawar Singh (P.W. 3) were examined as eye witnesses and Chanan Singh (P.W. 4) is the Motbir of the recovery of the gun from the house of the accused-appellant Munshisingh and he is also a witness to prove that after the occurrence when he visited the spot, Zeetsingh's wife and mother told him that Munshisingh and his sons have killed Zeetsingh P.W.5 Niranjansingh is the Investigating Officer