- (1.) This criminal appeal is directed against judgment of 24.7.2002 passed by the then learned Sessions Judge, Sangrur vide which, he was convicted for commission of the offence under Section 302 IPC as also under Section 27 of the Arms Act, 1959 and vide order of the same date, he was sentenced to undergo imprisonment for life and was required to pay a fine of Rs. 4,000/-, in default of payment of which, he was required to undergo further RI for a period of one year and for the offence under Section 27 of the Arms Act, he was ordered to undergo RI for 3 years and was also ordered to pay a fine of Rs. 1,000/-, in default of which he was to further undergo RI for three months. Both the substantive sentences were ordered to run concurrently. Prosecution version. The prosecution case as it emerges from statement (Ex. PD) of complainant Smt. Jaspal Kaur made to the police on 26.4.1999, when put in a narrow compass, is as given on the next page:-- Baldev Singh (since deceased) and his wife Smt. Jaspal Kaur (complainant) used to live in village Dhadial. Dalip Singh (convict) along with his wife and daughter was living in the neighbourhood. The house of Pirthi Singh, elder brother of Baldev Singh (since deceased) was also adjacent to the house of Baldev Singh (since deceased). On 24.4.1999, some dispute arose between Smt. Jaspal Kaur (complainant) and wife of appellant-convict Dalip Singh and his daughter who were taking out mud from the drain in front of their house but had thrown the same in front of the house of Smt. Jaspal Kaur. 1.1 On 25.4.1999 at about 10 p.m., Smt. Jaspal Kaur and Baldev Singh (since deceased) were sitting in the courtyard of their house. Even though, it was a moonlit night, lights of their house were on. The appellant Dalip Singh whose house was located opposite the house of the complainant, came out of his gate and started abusing them. He exhorted that he would teach them a lesson for restraining his wife and daughter from throwing the mud out of the drain. Sequelly, Baldev Singh (since deceased) came out from his house and went towards the gate. The complainant and her son Didar Singh also followed. The appellant Dalip Singh hurled a brickbat towards her husband which hit him on the left leg. 1.2 To save themselves, they rushed to the house of Pirthi Singh, her brother-in-law, who was sleeping on the roof of his house. She and her husband raised an alarm and called him by his name. Finding no response, when they were climbing the stairs to reach Pirthi Singh on the roof, appellant Dalip Singh brought his licenced gun from the house, came to the courtyard of the house of Pirthi Singh and followed them. They had reached the roof top. 1.3 Sensing trouble, Pirthi Singh told appellant Dalip Singh not to fire a shot. But ignoring this request of Pirthi Singh, appellant Dalip Singh fired a shot at Baldev Singh(since deceased) which hit him; he fell down. The complainant and her son saved themselves by lying on the ground of the rooftop. Sequelly, two more shots were fired by the appellant. He also raised a lalkara that if anyone was to go to the police to report the matter, he was also to meet the same fate. The appellant Dalip Singh then ran away from the spot with his gun. Baldev Singh, husband of the complainant died there and then due to gun shot injury on his chest. Lodging of FIR.
(2.) Smt. Jaspal Kaur, accompanied by Pirthi Singh made this report to AS Sikandar Singh (P.W.7) who, along with other police officials, was on patrol duty at bus stand Dirba. On the basis of this statement of the widow of Baldev Singh, FIR (Ex. PD/2) was registered against the accused. Spot Investigations.
(3.) During the course of spot investigations, blood stained earth was lifted from the spot by the police in a small tin box, which then was duly sealed. This parcel was taken in possession vide a separate recovery memo. Empty cartridges lying at the spot were also lifted in a small tin box which was separately sealed and then was taken in possession vide a separate memo. These articles were sent to the Forensic Science Laboratory for conducting investigations and for report. The dead body was sent for post-mortem examination. Site plan of the place of occurrence was prepared and statements of the witnesses were recorded. Further Investigations.;