JAWAHAR LAL GUPTA,J - (1.) SANTOKH Singh has been convicted for offences punishable under Sections 302, 307, 458 IPC and 27 of the Arms Act, 1959. The trial Court has proposed the penalties of death, imprisonment for life and fine for the indifferent offences. We have Murder Reference No. 1 of 1999. The accused has filed Criminal Appeal No. 43-DB of 1999. Both the cases have been heard together.
(2.) THE prosecution story has been revealed by Surinder Singh (PW3). He is the brother of the appellant. His statement Ex. PM was recorded by Assistant Sub-Inspector Gurbans Singh (PW14) on 23rd September, 1996 at 6.30 A.M. On the basis of this statement, the First Information Report (Ex. PM/2) was recorded at Police Station Kotwali, Barnala at 7.10 A.M. The occurrence is alleged to have taken place at 3.30 A.M. on 23rd September, 1996, in village Jhaloor at the residence of Surinder Singh. The Police Station, Barnala is at a distance of 12 kms. from the village. The special report had reached the Sub-Divisional Judicial Magistrate, Barnala on the same day viz. 23rd September, 1996 at 3.40 P.M. through constable Barinder Singh (PW12). According to the complainant, he has three brothers and three sisters. One of his brothers Mohinder Singh, aged 42 years, was unmarried. He was residing with the appellant Santokh Singh. About 4-5 months prior to the occurrence, Bant Singh, a resident of the village had got the 'kareva' marriage of Mohinder Singh performed with Manjit Kaur of village Longowal. He had done so at the instance of the complainant. Santokh Singh had opposed it. As the marriage had been performed, the appellant was nursing a grudge. On 23rd September, 1996, the complainant and his wife Swaran Kaur were sleeping in a verandah in their house in village Jhaloor. His son Baljit Singh, daughter Kiranjit Kaur and brother-in-law (wife's brother) Dhanna Singh were sleeping in a room. At about 3.30 A.M., a man climbed over the wall and jumped into the house. The complainant and his wife had woken up and switched on the light. The complainant saw his brother Santokh Singh (the present appellant) standing in the door of the verandah. He was working as a Special Police Officer in the Police Department and had the service rifle in his hand. He raised a lalkara and fired a shot which hit his wife "on her right arm" and she fell on the ground with her face downwards. He fired another shot at the left side on the back of his wife while she was lying on the ground. The bullet passed through her breast on the right side. The son, the daughter and brother-in-law had also got up. The daughter "ran towards the verandah". He tried to stop her. Santokh Singh fired a shot at her which hit her on her left arm and she fell down. Baljit Singh the complainant's son had picked up a wooden raftor and given a blow "on the head of Santokh Singh from behind...." He fell down and he fired another shot towards his son. It was "misfire". The son gave another blow with the raftor on the head of Santokh Singh. The complainant and his brother-in-law tried to over-power Santokh Singh when he fired another shot which passed over their heads. They raised noise. Then Santokh Singh alongwith his rifle fled away from the spot. Swaran Kaur had died on the spot. The daughter had sustained injuries. People gathered. Bant Singh arranged a vehicle and took the complainant's daughter Kiranjit Kaur to the Hospital at Barnala for treatment. The complainant alongwith Balwant Singh Sarpanch was going to the Police Station when he met Assistant Sub-Inspector Gurbans Singh and made the statement. The inquest report was prepared. The body was sent for post-mortem examination.
(3.) THE prosecution has rested its case on the medical and oral evidence. The medical evidence consists primarily of the statements of Dr. Narsi Ram (PW1) and Dr. Bhalinder Singh (PW2). Dr. Narsi Ram was posted as the Emergency Medical Officer at the Civil Hospital Barnala. He stated that on 23rd September, 1996, Santokh Singh (the present appellant) was brought to the Hospital by the Police. He was examined at about 7.20 P.M. He had found the following injuries on his person :- 1. Lacerated wound 6 cm x 1 cm x muscle deep on the right side of the scalp. It was 7 cm from right pinna and 16 cm from right eye-brow, it was horizontal in position and clotted blood was present. 2. Lacerated wound 5.5 cm x 1 cm x muscle deep on the right side of the scalp. It was 2 cm from midline and 4.5 cm from right eye-brow. Clotted blood was present. It was vertical in direction. 3. Lacerated wound 7 cm x 1 cm x muscle deep on the right side of the scalp. It was 8 cm from pinna and 12 cm from right eye-brow. Clotted blood was present. It was vertical in direction. Injuries No. 2 and 3 were in the same line. 4. Reddish contusion 16 cm x 1.5 cm on the back of right chest. It was just right to the posterior midline and 12 cm from the base of neck. It was oblique in direction. ;