AVTAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Avtar Singh (hereinafter referred to as 'the accused') has challenged the judgment and order dated 1.10.2002 passed by learned Additional Sessions Judge-II, Kangra at Dharamshala convicting him under Section 302 of the Indian Penal Code (for short 'IPC') and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for six months. Fine, if realized was ordered to be paid to the wife of deceased Darshan Singh as compensation.

(2.) Briefly stated the prosecution case is as follow:

(3.) P.W. 5 Smt. Sushila Devi is the wife of Avtar Singh accused and sister of Darshan Singh (deceased). She was holder of joint account in Punjab National Bank with the accused. She withdrew a sum of Rs. 10,000/- in the year 1996 from the Bank without consent of the accused for the marriage of her second brother namely P.W. 4 Kirpal Singh. On this account the accused used to quarrel with P.W. 5. She informed the deceased, his wife P.W. 2 Smt. Divya Devi and P.W. 16 Naginder Singh cousin brother of the deceased about the ill behaviour of the accused. The deceased alongwith P.W. 2 and their small child came to the house of the accused on 21.2.2001 to patch up the differences between accused and his wife P.W. 5. On 22.2.2001 the accused started quarrelling with P.W. 5 in 'the presence of the deceased and P.Ws. 2 and 16. The deceased tried to pacify the accused but he asked the deceased and his wife P.W. 2 to go out from his house. They went to the house of D.W. 2 Smt. Sudershna Devi sister of the accused in village Kiari. They informed D.W. 2 about the conduct of the accused. The deceased telephonically asked his second brother P.W. 4 to reach at the house of the accused. When the deceased, his wife (P.W. 2), his brother (P.W. 4, his cousin brother (P.W. 16) and D.W. 2 were going to the house of the accused, a son of the accused coming from the school met them on the way and told that his father had taken out a gun and he was sitting in the courtyard armed with gun. When these persons reached at the courtyard of the accused, the deceased tried to pacify him but the accused fired a gun shot hitting the right side of the chest of Darshan who was taken in an injured condition to Community Health Centre, Shahpur in Tractor Trolley.