- (1.) The appellant, Jasbir Singh who stands convicted under S. 302, I. P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 3,000/- in default to undergo RI for three years and also convited under S. 27 of the Arms Act, 1959 and sentenced to one year RI with a direction that the substantive sentences are to run concurrently, has preferred this criminal appeal challenging the judgment of the High Court made in criminal appeal No. 803 of 1975 whereby the High Court has confirmed the judgment of the trial Court.
(2.) The brief facts of the case of prosecution are as follows : P.W. 2 and his brother Avtar Singh (the father of the appellant) owned a piece of land in common at a distance of about three quarter of a mile from their village Nanakpur. They had jointly installed a tubewell and used to take water by turn. On 7-9-1974 at about sunset time P. W. 2 and his son P. W. 4 went to their field for irrigating the same. There was no supply of energy and it was restored only by 9 p.m. Thereafter, P.Ws. 2 and 4 started pumping out the water and irrigating their paddy field. The appellant came there at about 11 p.m. and told P.Ws. 2 and 4 that he would not allow them to take water on that day since it was his turn. So saying he diverted the flow of water towards his own paddy field. P.W. 2 protested and left the place leaving his son P.W. 4 with an instruction not to pick up a quarrel with the appellant till he returned. P.W. 2 narrated the incident to his second son, Savinder Singh the deceased herein. The deceased told his father P.W. 2 that if the appellant were not allowed to usurp the turn of water he would feel encouraged to usurp his land as well. Then the deceased and P.W. 2 came back to the field. The appellant was found irrigating his field, P.W. 2 was sitting at the tubewell. The deceased diverted the flow of water towards his paddy field thereby blocking the course of water to the field of the appellant. The appellant on being aggrieved by the conduct of the deceased went to the village and appeared at the scene about half an hour later armed with his licensed gun. The appellant raised a lalkara and opened fire from his single barrel gun. The first shot missed the target. Then the appellant reloaded the gun and again fired a shot which hit the deceased on his abdomen. On receipt of this injury, the deceased fell down on the ground. P.Ws. 2 and 4 raised an alarm up which the appellant left the scene with his gun.
(3.) The injured victim was removed to the Primary Health Centre. As his condition was precarious, he was then removed from there to V. J. Hospital, Amritsar where he succumbed to the injuries at about 4 a.m. P.Ws. 2 and 4 taking the dead body went to the police station and lodged the first information report (Ex PD).;