- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ) and sentencing him to imprisonment for life and fine of Rs. 2,000/- with default stipulation as recorded by learned District and Sessions Judge, Ferozepur.
(3.) Background facts in a nutshell are as follows: A complaint under Section 302 IPC was filed by Harbans Singh son of Gurbachan Singh, resident of Chak Saidoke, Police Station Sadar Jallalabad, Tehsil Fazilka against Joginder Singh stating therein that on 18.1.1993 at about 9.00 AM. complainant, his brother Harjinder Singh alias Inder Singh, Sube Singh son of Partap Singh, Jarnail Singh son of Mukhtiar Singh, Pohla Singh son of Aroor Singh all residents of village Chak Saidoke had gone to the school of the village for the purpose of casting their votes in the Panchayat Election. At about 9.45 or 10.00 a.m. he and his brother Harjinder Singh made a request to the voters to keep peace so that there may not be any dispute in casting their votes for the people, who were already standing in queue to cast their votes. In the meantime, Constable Joginder Singh No. 1421, PC Branch, office of the Senior Superintendent of Police, Ferozepur, (the accused-appellant) challenged his brother Harjinder Singh and abused him and subsequently, he fired a shot from his rifle. The shot fired at Harjinder Singh hit on his head and he died at the spot. The occurrence was witnessed by the complainant along with Sube Singh son of Partap Singh, Jarnail Singh son of Mukhtiar Singh and Pohla Singh son of Aroor Singh, all residents of village Chak Saidoke. Joginder Singh was requested not to fire the shot, but he did not pay any attention and committed the murder of Harjinder Singh. He lodged a report with Inspector Harbans Lal, who recorded his statement and a case was registered vide FIR No. 5 dated 18.1.1993 under Section 304 IPC, but he was not arrested by the police and no action was taken against him, notwithstanding the fact that he visited the Police Station on number of times and this necessitated the filing of complaint. The inquest report on the dead body of Harjinder Singh was prepared by Inspector Harbans Lal and he sent the dead body of Harjinder Singh to Civil Hospital, Fazilka, where post mortem on the dead body of Harjinder Singh was conducted. As per the post mortem report, cause of death was due to shock and haemorrhage as a result of injuries Nos. 1 and 2, which were on the vital part of the brain and were sufficient to cause death in the ordinary course of nature and the injuries were caused with fire-arms. After investigation was completed, charge sheet was filed. Since the appellant abjured guilt, trial was held. Stand of the accused appellant before the trial Court apart from the plea of denial was that some people tried to snatch away ballot boxes as a consequence of which the law and order situation became bad. The police party fired in the air to disburse the mob. The trial Court placing reliance on the evidence of the eye witnesses recorded the conviction as noted above. In appeal the primary stand was that the so called eye witnesses were related to the deceased and, therefore, their evidence should not have been relied upon. The High Court found that merely because the prime witnesses were related to the deceased that did not in any event affect the credibility of their evidence. It was submitted that only one shot was fired and, therefore, Section 302 IPC has no application. It was also noted that there was no evidence that the voters had become uncontrollable or that there was snatching of ballot boxes or ballot papers. The evidence clearly established that the accused aimed at the head of the deceased and fired the shot. Accordingly, the High Court dismissed the appeal.;