S.D.BAJAJ, J. - (1.) FOUR persons named Gurmit Singh, Sukhwinder Singh, Shubeg Singh and Malook Singh who were all related to each other intersect collaterals, were standing outside the houses of Man Singh and Darshan Singh of their village Nurpur, tehsil Zira, district Ferozepur, around 7.00 P.M. on 30th August, 1986. Accused appellant Pipal Singh passed that way in a drunkard condition and made a 'Khangura' at them. All the four persons aforesaid protested whereupon hot words were exchanged between them and the accused appellant. Pitched as one against them four, accused appellant Pipal Singh went back home hurling abuses on them, even on the way.
(2.) SHORTLY thereafter accused-appellant Pipal Singh returned thereto, through the straight lane, carrying double barrel licensed gun of his father Piara Singh, fully loaded. His father Piara Singh also followed the accused appellant carrying a 'Takua' in his hand. Father then exhorted the son to fire at his aforesaid four victims and settle scares there and then once for all. Upon it Pipal Singh fired a shot aimed at his victims aforesaid from the double barrel gun releasing two cartridges simultaneously. Pellets emanating therefrom hit all the four victims resulting in the death of Shubeg Singh while the remaining three injured companions of the deceased in Gurmit Singh, Sukhwinder Singh and Malook Singh sustained injuries therefrom on various parts of their bodies. As disclosed by Malook Singh in the First Information Report, Malook Singh sustained injuries on left side of his deltoid and the wrist, Shubeg Singh was injured in the chest and abdomen, Sukhwinder Singh was injured in the forehead and Gurmit Singh on his right arm. On being charged with the commission of offences under sections 302/34 and 307/34 of the Indian Penal Code both the accused in father Piara Singh and son Pipal Singh and in respect of their respective individual charges under sections 29 and 27 of the Arms Act respectively each one of the two accused individually pleaded not guilty and claimed to be tried. Vide its impugned judgment dated 4th November, 1987 learned trial court acquitted the father-accused named Piara Singh and convicted accused Pipal Singh of the commission of the offence under sections 302 and 307 of the Indian Penal Code and section 27 of the Arms Act. For his conviction under section 302 of the Indian Penal Code accused appellant Pipal Singh was sentenced to undergo imprisonment for life and to pay Rs. 1000/- as fine. In default of payment of fine accused-appellant was ordered to undergo rigorous imprisonment for a further period of one year. For his conviction under section 307 of the Indian Penal Code recorded separately thrice over for attempt on the lives of Malook Singh, Gurmit Singh and Sukhwinder Singh remaining three injured, accused-appellant was individually awarded rigorous imprisonment for 5 years and to pay Rs. 250/- as fine for every one of his three convictions. In default of payment of fine imposed separately in all the three cases aforesaid accused-appellant was ordered to undergo separately rigorous imprisonment for a period of three months each. For his conviction, under section 27 of the Arms Act, accused appellant Pipal Singh was sentenced to undergo rigorous imprisonment for a period of one year. Feeling aggrieved from the decision of the learned trial court convict-accused Pipal Singh has filed Criminal Appeal No. 590-DB of 1987 in this Court.
(3.) WE have heard Shri R.S. Ghai, Senior Advocate with Shri Bipan Ghai, Advocate for the appellant, Shri P.S. Kang, Advocate, for the State and have carefully perused the evidence on record.;