GURPAL SINGH Vs. STATE OF PUNJAB
SUPREME COURT OF INDIA
STATE OF PUNJAB
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AMITAVA ROY,J. -
(1.) The subject matter of scrutiny is the judgment and order
dated 01.10.2008 passed by the High Court of Punjab and
Haryana at Chandigarh in Criminal Appeal No. 378-DB of 2004
concurring with the verdict of the Trial Court in convicting the
appellant for the offence under Sections 302 and 307 IPC while
acquitting the co-accused Harpartap Singh, his son. Following his
conviction, the appellant had been awarded sentence of life
imprisonment and fine of Rs.5,000/- with default sentence under
Section 302 IPC and five years rigorous imprisonment and fine of
Rs.2,000/- with default sentence under Section 307 IPC. Both the
sentences have been ordered to run concurrently. The High Court
has concurred with the sentence as well.
(2.) We have heard Mr. Yatindra Singh, Senior Advocate, learned Amicus Curiae for the appellant and Mr. Saurabh Ajay Gupta,
learned counsel for the respondent.
(3.) The incident witnessing the death of Jatinder Singh and the injuries sustained by Lakhwinder has the genesis in a trifle. On a
statement rendered with regard thereto by Gurdial Singh(PW1), the
First Information Report was registered against the appellant and
his son Harpartap. It was alleged that over a lingering land
dispute between the informant and the appellant, who are
brothers, on 06.07.2002, while Jugraj, the son of the informant
was in his fields, the appellant had hurled abuses to him. Jugraj
having felt humiliated and anguished, on returning home,
complained about the same to his father Gurdial, the informant.
The houses of the brothers were adjacent to each other. When the
appellant returned home from his fields, the informant went to the
terrace of the roof of his house and summoned the former to that
of his. The appellant and his son Harpartap responded to the call
whereafter informant enquired of Gurpal as to why he had abused
his son. This enraged the appellant and while arrogantly
proclaiming that he was not only justified to do so but that he
would continue to conduct himself as done, rushed downstairs of
his house and brought his DBBL gun. His son Harpartap, the
acquitted co-accused was also with him. It is alleged by the
prosecution that on the exhortation of Harpartap, the appellant
opened fire, which hit the informant on the side of his head.
Meanwhile drawn by the commotion, Paramjit Kaur, the wife of the
informant, Jatinder Singh and Lakhwinder Singh, friends of Jugraj
rushed to the terrace. On seeing them, the appellant fired from his
gun towards them, which hit Paramjit and Jatinder on their
abdomen and Lakhwinder on his mouth and head. On hue and cry
being raised, the appellant and the accused fled the scene.;
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