S.D.BAJAJ, J. - (1.) PURSUANT to the information allegedly supplied by Sohan Singh deceased to the police in the year 1983, the police was able to recover poppy husk from Sukhdev Singh, real brother of Naib Singh accused. Sukhdev Singh was thereafter prosecuted, convicted and sentenced for it.
(2.) ON 16th March, 1986 around 8.00 P.M. Sohan Singh was getting his sugarcane crushed and making 'gur' out of it at the sugarcane crusher of Naib Singh accused. Nachhitar Singh, Naib Singh, author of the first Information report, both real brothers of Sohan Singh, were also there together with their helpers in Sham Singh and Sant Singh. Naib Singh owner of the sugar cane crusher came there around 8.30 P.M. with his friends Bhagwan Singh and Hamir Singh. Hamir Singh was carrying his licensed gun and its cartridges with him at the relevant time. On arrival Naib Singh accused- appellant addressing Sohan Singh deceased while standing in front of the Kotha of sugarcane crusher, proclaimed. "Today we shall teach you a lesson for getting the poppy husk recovered from the possession of my brother Sukhdev Singh. Bhagwan Singh added fuel to the fire by asking Hamir Singh, who was carrying licensed gun with cartridges, as to what was he waiting for and further asked him to hand over the loaded gun to Naib Singh accused so that he might remove the thorn of Sohan Singh therewith. Hamir Singh did so and made over, the gun to Naib Singh accused fully loaded. Naib Singh fired the gun. Pallets emanating therefrom hit Sohan Singh in the chest abdomen, neck and face, who succumbed to the injuries there and then.
(3.) ON being charged with the commission of offences under section 302 of the Indian Penal Code and 27 of the Arms Act accused Naib Singh, under section 302/34 of the Indian Penal Code and section 30 of the Arms Act accused Hamir Singh and under section 302/34 of the Indian Penal Code accused Bhagwan Singh, all three accused pleaded not guilty and claimed to be tried. Vide its impugned judgment dated 21st November, 1987 learned trial Court acquitted Bhagwan Singh, convicted Hamir Singh accused under section 30 of the Arms Act only and sentenced him to undergo rigorous imprisonment for a period of 3 months and convicted Naib Singh accused-appellant for the commission of offences under sections, 302 of the Indian Penal Code and 27 of the Arms Act. Naib Singh was awarded life imprisonment for his conviction under section 302 of the Indian Penal Code and also fined Rs. 2000/-. In default of payment of fine accused-appellant was ordered to undergo rigorous imprisonment for a further period of two years. For his conviction under section 27 of the Arms Act accused-appellant Naib Singh was ordered to undergo rigorous imprisonment for a period of three years. Both the substantive sentences imprisonment awarded to accused-appellant Naib Singh on both these counts were ordered to run concurrently. Feeling aggrieved from the impugned judgment dated 21st November, 1987 of the learned trial Court, Naib Singh has filed Cr. A. No. 609-DB of 1987 and 16-DB of 1988 in this Court separately against his conviction and sentence under section 102 of the Indian Penal Code, and section 27 of the Arms Act respectively.;