JASMEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 16.11.1993, passed by Shri H.R. Nohria, Additional Sessions Judge, Barnala, vide which Jasmel Singh accused-appellant has been convicted under Section 302 IPC and under Section 27 of the Arms Act, 1959 and he was sentenced to undergo imprisonment for life and a fine of Rs. 5,000/- or in default of payment of fine to undergo further R.I. for one year under Section 302 IPC. He was also sentenced to undergo R.I. for two years under Section 27 of the Arms Act, 1959. Both the substantive sentences were ordered to run concurrently.

(2.) THE prosecution story, as unfolded by Harnek Singh son of Amrik Singh, in his statement made before Shri Jaswant Rai, A.S.I. is that he was a resident of village Hamidi and did cultivation. Ranjit Kaur alias Rani daughter of his brother-in-law (wife's brother) Krishan Singh alias Ghudu son of Lal Singh, Jat, resident of village Alipur Khalsa, Police Station Sherpur had been residing with him for the last two years. He had got solemnized her marriage about 7 months back in village Hamidi with Sukhwinder Singh alias Sukha son of Nazar Singh Jat, resident of village Khadoor, who was residing with his maternal uncle Jasmail Singh son of Arjan Singh Jat, resident of village Wajid Ke Khurd. He had adopted Sukhwinder Singh. He had also transferred his land in favour of Sukhwinder Singh, as he had no son. On 25.9.1992, in the evening, Ranjit Kaur came to his house at village Hamidi and told, "My father-in-law Jasmail Singh keeps evil eye upon me." He should be asked to behave. He alongwith his brother Bahadur Singh went there and made Jasmail Singh understand the situation and behave himself. Then they left Ranjit Kaur in her-in-laws' house. Yesterday, i.e. 26.9.1992, in the evening again he and Baljit Singh son of Mukhtiar Singh, resident of village Hamidi went to village Wajid Ke Khurd in order to enquire about Ranjit Kaur. It was about 8.00 P.M. Jasmail Singh, aforesaid was present in his verandah armed with a double barrel gun and abusing Ranjit Kaur. He was saying, "Today I will teach a lesson for informing the matter to your Phupher (father's sister's husband) Harnek Singh that he had an evil eye upon her." Why, she had told this matter to her Phupher (father's sister's husband) immediately saying so, within our sight, he fired two shots at Ranjit Kaur with his licensed double barrel gun. She fell down immediately on receipt of fire shots in front of the door of the baithak in the verandah. After falling on the ground she died. He and Baljit Singh had seen the entire occurrence with their own eyes. The light was burning in the verandah. We both raised an alarm. On hearing our raula Jasmail Singh together with his gun ran away towards the fields. The cause of grudge was that Jasmail Singh had an evil eye upon their daughter. Due to odd hours and unavoidable circumstances and also out of fear, we did not come to lodge an report. After leaving Baljit Singh near the dead body he was going to lodge a report with the police when ASI Jaswant Rai met him on the Bus Stand of village Wajid Ke Kalan. Harnek Singh then got recorded his statement Ex.PE about the occurrence before the said ASI who forwarded it with his endorsement thereon to the police station, on the basis of which FIR Ex.PE/2 was recorded. The statement made by Harnek Singh was read over to him and he signed the same in token of its correctness. ASI Jaswant Rai and S.I. Shamsher Singh SHO, investigated the case. The accused was arrested and challanged after necessary investigation. He was charged under Section 302 IPC and under Section 27 of the Arms Act, 1959 and after being tried he was convicted and sentenced as stated above.

(3.) BAHADUR Singh, Prem Chand Sharma, Arms Clerk, Shiv Pal Sharma and Sant Singh HC PWs were given up as unnecessary and Thakar Singh PW was given up as won over by the accused. Affidavit Ex.PD of Harbant Singh constable, affidavit Ex.PG of Bharpur Singh constable, affidavit Ex.PH of Hardev Singh MHC and reports Ex.PP of the Chemical Examiner and PQ of the Forensic Science Laboratory were also tendered into evidence by the prosecution in support of their case.