A.P.CHOWDHARI,J - (1.) TAR Singh alias Avtar Singh, 65, was tried by the learned Sessions Judge, Faridkot, under Section 302 of the Indian Penal Code (For short called, 'the Code') and Section 27 of the Arms Act, 1959. He was convicted under both counts and sentenced to life imprisonment and a fine of Rs. 1500/- under Section 302 of the Code. In default of payment of fine, he was further sentenced to rigorous imprisonment for one year. He was not awarded any sentence insofar as the offence under the second count is concerned in view of the fact that he has been sentenced to life imprisonment under Section 302 of the Code.
(2.) SURINDER Singh (PW 4) son of the deceased gave the following account of the occurrence. On 27-5-1987 he along with his father Mukhtiar Singh deceased and uncle Mal Singh were coming from the grain market to their house after leaving wheat in the grain market to be sold. At about 7.30 p.m. they reached near the platform of the well of Harijans where the accused was sitting with his gun. At that time, Mukhtiar Singh deceased was ahead of Surinder Singh by about six karams. The accused asked Mukhtiar Singh as to why he had refused to give him dry fodder when the former had demanded from him adding that he would teach him a lesson. The accused then fired a shot from his gun hitting Mukhtiar Singh on his abdomen. He fell down. The accused ran away with the gun. The injured was removed by a tractor trolley first to his house and then to the hospital by Mal Singh. Surinder Singh (PW 4), however, towards police station. On the way he met Sub Inspector Singh at village Panjgrain where he made statement which was concluded at 10 4 0 p.m. on the basis of the said statement, formal F.I.R. was entered at Police Station, Baghapurana, 27 Kms. away at 11.00 p.m. A care under Section 307 of the Code and 21 of the Arms Act was registered.
(3.) SUB Inspector Mohinder Singh (PW 7) accompanied Surinder Singh to the spot. He recovered empty cartridge case Exhibit P-1 from the place of occurrence. He recovered blood-stained earth and prepared rough site plan.;