- (1.) This appeal has been filed by Kaka Singh Nihang son of Jaggar Singh, resident of village Bishnandi, Tehsil Jaitu, District Faridkot for challenging the judgment and order dated 18.2.2003 passed by learned Sessions Judge, Faridkot. Vide impugnment judgment and order, learned trial Court convicted the appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year. He was further convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. He was also convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. All the substantive sentences were ordered to run concurrently. The period undergone by him during investigation or trial was ordered to be deducted from the period of substantive sentences.
(2.) The case of the prosecution is that on 26.10.2001 at 10.35 p.m. complainant Joginder Singh made statement Ex.PA before SI Darshan Singh at Gol Market, Jaitu that he was resident of village Bishnandi and doing cultivation. He had three sons, eldest was Chamkaur Singh, who was serving in the Agriculture Department, younger to him was Labh Singh, whereas Rajpal Singh @ Pappu was his youngest son and doing cultivation. On that day in the evening, he, alongwith his sons Chamkaur Singh and Rajpal Singh went to have a round of their fields situated on Chaina link road. While returning home, both Chamkaur Singh and Rajpal Singh were going ahead of him by 5/7 karms and he himself was holding torch with its light on. At about 8.30 p.m. when his sons reached in front of the door of Master Harnek Singh, which was located on the phirni of the village, the accused came from the side of bus stand. He abused Rajpal Singh by calling his name and proclaimed that let him run if he could and he would tell him how to play with the honour of others. Simultaneously, the accused pointed .12 bore country made pistol carried by him in his right hand at Rajpal Singh, who turned backward in order to run away. Within the sight of Joginder Singh and his son Chamkaur Singh, the accused fired at Rajpal Singh which hit on his back below the scapula. As a result, he fell down. The accused fled away from the spot alongwith the pistol. Rajpal Singh died there and then. The cause of the occurrence was that the accused had a suspicion against Rajpal Singh of having illicit relations with his niece and for that reason he had murdered Rajpal Singh by firing at him. After leaving his son Chamkaur Singh at the spot to guard the dead body, the complainant alongwith his brother Ajmer Singh started for the Police Station to lodge the report, who came across SI Darshan Singh and made statement before him.
(3.) It is also the case of the prosecution that SI Darshan Singh after making endorsement Ex.PA/1 on the statement Ex.PA, forwarded the same to Police Station Jaitu, where on its basis, FIR Ex.PA/2 dated 26.10.2001, under Section 302 IPC and Section 25 of the Arms Act was registered against Kaka Singh Nihang accused at 10.45 p.m. by ASI Jaswinder Pal, which was completed at 11.45 p.m. Special report sent through Constable Mukhtiar Singh was received by the ACJM (D), Faridkot on 27.10.2001 at 9.10 a.m. It is also the case of the prosecution that during investigation SI Darshan Singh reached the spot and prepared rough site plan Ex.PU. He also lifted blood stained earth from near the dead body of Rajpal Singh and took the same into possession vide memo. Ex.PC. He then prepared inquest report Ex.PB of the dead body of Rajpal Singh; recorded the statements of complainant Joginder Singh and Chamkaur Singh under Section 175 Cr.P.C. and sent the dead body alongwith the papers and request Ex.PE for post-mortem through ASI Harpreet Singh. He also recorded the statements of Joginder Singh and Chamkaur Singh under Section 161 Cr.P.C. He searched for the accused and also raided his place but he was not found available. Rather, his house was found locked during raid. When he returned to the Police Station, ASI Harpreet Singh handed over the belonging of the deceased and a vial containing pellets, duly sealed by the doctor. He took both the parcels alongwith the Jutti into possession vide memo Ex.PL. Subsequently, the investigation was entrusted to ASI Harpreet Singh, who on 2.11.2001 was present in the Police Station where Darshan Singh, ex-Sarpanch of village Bishnandi produced Kaka Singh Nihang accused before him. He arrested the accused and prepared memo of grounds of arrest Ex.PR. On 4.11.2001, he interrogated the accused in the presence of HC Gurpreet Singh and Constable Nirmal Singh. The accused made disclosure statement Ex.PK that he had kept concealed one pistol in the room in his fields under the earth about which only he knew and could get the same recovered. Then the accused led the police party to the disclosed place. One Geja Singh was joined with the police party on the way. The accused got recovered .12 bore country made loaded pistol from the disclosed place.;