J.B.GARG, J. - (1.) NIRMAL Singh has been convicted for offence under Section 302 of the Indian Penal Code for having caused the death of Swarup Singh and sentenced to undergo rigorous imprisonment for life and required to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. He has also been convicted for offence under Section 307 of the Indian Penal Code for having caused injuries to Ajit Singh and sentenced to undergo rigorous imprisonment for a period of seven years and required to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of four months. He has also been convicted for offence under section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of six months. Ranjit Singh son of the aforesaid Nirmal Singh has been convicted for offence under Section 302 of the Indian Penal Code with the aid of Section 34 of the Indian Penal Code and also under Section 307 of the Indian Penal Code with the aid of section 34 of the Indian Penal Code and a similar sentence has been awarded and it has been ordered that the sentences shall run concurrently. Aggrieved against it, the present appeal has been attempted.
(2.) BRIEFLY the story of the prosecution is that at 5 p.m. on 25.9.1989 in village Kheri which is at the outskirts of Ropar town, Sucha Singh alongwith Ajit Singh, his son and Swaran Singh, his daughter's son, went to the house of Nirmal Singh at 5 p.m. to lodge a protest that Ranjit Singh had given beating to his grand-son, Ravinder Singh, allegedly on the plea that Ravinder Singh was sitting near the Gurdwara situated in the vicinity where a large number of women folk also passed through, Nirmal Singh armed with a single barrel gun and his son Ranjit Singh armed with a gandasi came out of the house. Ranjit Singh gave a gandasi blow on the face of Swaran Singh but when Ajit Singh (PW-4) tried to separate them, Nirmal Singh fired two or three shots which hit on the abdomen of Swaran Singh as well as Ajit Singh. Both the aforesaid injured fell on the ground. When the complainant Sucha Singh raised an alarm "Marta Marta", the accused entered into their own house together with their respective weapons. With the help of other two grand-sons, Ravinder Singh and Devinder Singh, the two injured Swaran Singh and Ajit Singh, were carried in a vehicle to Civil Hospital, Ropar. Shri Inderjit Singh, the Station House Officer of Police Station, Ropar, meanwhile received information on a wireless and he arrived at village Kheri. Sucha Singh complainant met Shri Inderjit Singh at the outskirts of village Kheri and his statement Exhibit PG was recorded and it was despatched through constable Ajit Singh for registration of a case. Shri Nathu Ram, Assistant Sub-Inspector, recorded the First Information Report at 7.45 p.m. the same day. The 'special report' was delivered to the Ilaqa Magistrate at Ropar at 3 a.m. on the intervening night of 27/28.9.1989. The aforesaid Inspector, thereafter, reached the place of occurrence and prepared the site plan and also took into possession the blood stained earth. He, also took into possession the three empty cartridges of .12 bore gun which were picked up from the place of occurrence, which are Exhibits P-6 to P-8. The Inspector was also able to apprehend and arrest Nirmal Singh and also took into possession the gun Exhibit P-1. Swaran Singh was separately sent to Civil Hospital, Ropar, but on reaching there, he died. Dr. Anil Gupta (PW-7) examined Ajit Singh son of Sucha Singh, eye-witness, who had four gun shot injuries. The post-mortem examination on the dead body of Swaran Singh son of Didar Singh was held on 28.9.1989 by Dr. Jasbir Singh (PW-2). Ranjit Singh, the co-accused, who had absconded to Rajasthan, could be arrested on 24.10.1989. The .12 bore gun and three cartridges cases were examined in the Forensic Science Laboratory, Chandigarh and report Exhibit PQ shows that the cartridges in question were fired from the licensed gun of Nirmal Singh, Exhibit P-1. Pw-2, Dr. Jasbir Singh, Medical Officer of Civil Hospital, Ropar, conducted the post-mortem examination on the dead body of Swaran Singh son of Didar Singh, aged 35 and the injuries found on his person were as under :- 1. Multiple penetrating wounds varing from 4 mm to 8 mm are present on the left side of front of chest and abdomen. Extending from midline to mid exilmary fine on the left side, main concentration of the wound was on the left half of epigastrim where there is wound 3 x 3 cms. The margin of wound are black charged and inverted. There are corresponding holes in the clothes shirt and Banyan. 2. Incised wound on the left side of upper lip transversally placed. Size 3 x 1 x.5cms. On tracing the larger wound in the epigastram a cylindrul card board like object size length was 2.75 cm diametre 1.75 cms and a round discoid board like material of size diametre 1.5 cm also found. These were preserved. The peritorial capacity was full of blood about 2.5 litre in quantity. The penetrating wound are traceable to abdominal cavity. Pallet like metal pieces 6 in number were recovered from the peritorial, cavity and various organs and were preserved. On inspection there is a large lacerated wound of the abdominal aorta in the aepigestic region.
(3.) THE body contained about 200 ml of semi-digested food and the Medical Officer opined that the injuries were on the abdominal aorta and other organs as well which were sufficient to cause death in the ordinary course of nature.;