- (1.) Vide this judgment, the above mentioned Criminal Appeal No. 854-DB of 2005 and Criminal Revision No. 21 of 2006 shall be disposed of as these have arisen out of the same judgment/incident.
(2.) Prosecution case was set in motion on the basis of the statement of the complainant Kuldip Singh. The complainant stated in his statement before Assistant Sub Inspector Vinod Kumar dated 30.4.2002 that at about 1.00 A.M. on the said date,Crl. Appeal No. 854-DB of 2005 and he had reached his fields along with his brother Jagsir Singh and maternal uncle Shamsher Singh for taking turn of water. When he tried to divert the flow of water along with his brother Jagsir Singh, then Balwant Singh armed with .12 bore gun and his sons Jagtar Singh armed with saila and Iqbal Singh armed with dang came there raising lalkaras and tried to stop Jagsir Singh from taking turn of water. The moment Jagsir Singh tried to divert the water, Balwant Singh fired a shot at him from his 12 bore gun which hit him on the left side of his chest. Jagsir Singh fell into the water channel. When he came forward to help his brother, then Jagtar Singh gave a saila blow which hit him below his left ear. Iqbal Singh gave a soti (stick) blow on his left arm. Shamsher Singh raised alarm and thereafter, all the three assailants fled away from the spot with their respective weapons. Sukhmandar Singh also came to the spot from his fields on hearing their alarm. When they came near Jagsir Singh, they saw that he had died. During the night they remained with the dead body of Jagsir Singh out of fear. The motive behind the occurrence was that there was a dispute qua 15 minutes of flow of water in the irrigation channel. Balwant Singh wanted that they (complainant party) should be allowed to divert the water after 15 minutes.
(3.) On the basis of the statement of the complainant, formal FIR No. 66 dated 30.4.2002 was registered at Police Station Sadar Abohar under Section 302, 323, 34 of the Indian Penal Code ('IPC' for short) and 25, 27 of the Arms Act, 1959. Thereafter, Assistant Sub Inspector Vinod Kumar visited the spot and prepared inquest report qua the dead bodyCrl. Appeal No. 854-DB of 2005 and of Jagsir Singh. The dead body was sent for post mortem examination. He lifted plain earth and blood stained earth from the spot. He also took in possession one empty cartridge of .12 bore gun from the spot.;