- (1.) This is an appeal against the judgment dated 09.12.2002 passed in Sessions Case No.25 of 1999 by the Sessions Judge, Ferozepur, convicting appellant Kuljinder Singh for the offences punishable under Sections 302, 307 and 323 of Indian Penal Code (for short 'IPC') and sentencing him as follows:- JUDGEMENT_655_LAWS(P&H)9_2014_1.html All the substantive sentences were ordered to run concurrently.
(2.) On receipt of ruqa (Ex.P1) on 24.11.1998 from Incharge, Primary Health Centre, Kot Ise Khan intimating the arrival of injured Sadha Singh, Gurdev Singh and dead body of Kashmir Kaur wife of Sadha Singh in the hospital, Sub Inspector Balwinder Singh reached there and inquired about the fitness of Sadha Singh to make statement but he was declared unfit vide endorsement Ex.P2/A on application Ex.P2. He again inquired about fitness of Sadha Singh to make a statement but was apprised that Sadha Singh had been referred to Civil Hospital, Ferozepur. Gurdev Singh, the other injured was, however, declared fit to make statement but he was also referred to Civil Hospital, Ferozepur. Statement (Ex.P16) of Gurdev Singh was recorded by Sub Inspector Balwinder Singh, the English translation of which as incorporated by the trial Court in the judgment under appeal, reads as follows:- "I am doing the agriculture work. I have got two sisters Baljit Kaur and Sukhbir Kaur. All three of us are unmarried. Today, at about 9.30 A.M. my mother Kashmir Kaur, father Sadha Singh, sisters Sukhbir Kaur and Baljit Kaur and my parental aunt (Bua) Gurmit Kaur widow of Sher Singh, Jat, resident of near Kalghidhar Gurudwara, Talwandi Bhai, who had come to meet us at Kot Ise Khan, were present in the court-yard of our house and we all were having a domestic talk. All of a sudden, Kuljinder Singh @ Kulha son of Avtar Singh, Jat, resident of Kot Ise Khan, who lives just opposite our house, armed with .12 bore licensed gun come in front of our outer gate, in the street and raised lalkara that he would teach us a lesson for disturbing the general public by holding a Chauki (Session of devotional singing) of Baba Wadbhag Singh and doing Pakhand (Dissimulation). Kuljinder Singh with an intention to kill us fired two shots from his gun. The said shots hit my mother in her chest who fell down and also my father Sadha Singh. The pellets also hit me, my sisters Baljit Kaur and Sukhbir Kaur, I was hit on my right arm and my sisters received injuries on their right hands. I alongwith my aunt Gurmit Kaur immediately shut the door. Kuljinder Singh while standing in the street had fired two more shots and run away alongwith his gun from spot. Thereafter, my mother and father alongwith me were taken to hospital at Kot Ise Khan by my aunt Gurmit Kaur after arranging a vehicle. My mother was declared dead by the doctor. My father Sadha Singh and me were given first aid and referred further. The motive for the abovesaid occurrence is that every Monday, we arrange a Chauki of Baba Wadbhag Singh in our house. Kuljinder Singh who lives just opposite to our house feels disturbed. People coming to our house for Kirtan, park their scooters and cycles etc. in the street which results in dispute. Yesterday, on 23.11.1998, on account of being Monday we had arranged a Chauki of Baba Wadbhag Singh and Kuljinder Singh had, on last night, raised a dispute regarding this. For the same grievance, Kuljinder Singh has fired upon us with his gun, injuring us and killing my mother Kashmir Kaur. Action be taken. I have heard my statement which is correct."
(3.) On the basis of above statement of Gurdev Singh, a ruqa was sent to the police station, whereupon formal FIR Ex.P16/B was recorded. Sub Inspector Balwinder Singh along with his police party including Sub Inspector Gurcharan Singh (PW14) reached the place of occurrence and recovered two empty cartridges from the street, which were put in a parcel and sealed with seal 'BS'. The parcel was taken into possession vide recovery memo Ex.P26. The blood stained earth lifted from the house of Sadha Singh was also put in a parcel, sealed and taken into possession vide recovery memo Ex.P27. Blood stained clothes of deceased Kashmir Kaur and the vial containing pellets removed from the body of deceased, were taken into possession vide recovery memo Ex.P28. On 04.12.1998, the appellant was produced before the police by Surinder Singh son of Pritam Singh and was arrested. His gun Ex.MO-7 was taken into possession vide recovery memo Ex.P29. The licensed gun recovered from the appellant, two .12 bore cartridge cases marked C/1 and C/2 were sent to the Forensic Science Laboratory (for short FSL) along with five live cartridges of same bore for test firing. On examination of gun and cartridges, FSL gave its report Ex.P33, which reads as under:- "1) One 12 bore K.F. cartridge case marked C/1 contained in parcel 'A' has been fired from left barrel of 12 bore DBBL gun No.1618-88. 2) One 12 bore K.F. cartridge case marked C/2 contained in parcel 'A' has been fired from right barrel of 12 bore DBBL gun No.1618-88. 3) The firing mechanism of 12 bore DBBL gun No.1618-88 is in the working condition.";