MEHTAB S.GILL, J. - (1.) THIS is an appeal against the judgment dated 27.10.1997/29.10.1997 of the learned Additional Sessions Judge (I), Jind, whereby he convicted Om Parkash son of Jai Karan under Section 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 1,000/-. In default of payment of fine to further undergo R.I. for six months. He was also convicted under 27 of Indian Arms Act and was sentenced to undergo R.I. for five years and to pay a fine of Rs. 500/-. In default of payment of fine to further undergo R.I. for three months. Both the sentences were ordered to run concurrently.
(2.) DDR No. 4 was recorded on 25.11.1996 at 9.20 a.m. on the statement of Vir Bhan Sarpanch PW7. The case of the prosecution is unfolded by the statement Ex.PA of Smt. Daya Pati w/o Zile Singh given to SI Hoshiar Singh on 25.11.1996. Daya Pati stated, that her father-in-law Gohlu son of Chandu got 19 kanals of land in consolidation. Her husband Zile Singh had three brothers namely Mihan Singh, Raghbir Singh and Ram Phal. Both Ram Phal and Om Parkash had a common mother, as after the death of the father of Om Parkash, mother of Om Parkash contracted Karewa marriage with Gohlu. Gohlu did not give any land to Zile Singh, her Jeth and Devar and he wanted to give his entire land to Om Parkash and Ram Phal. On 25.11.1996 the complainant party came to know that Om Parkash, Ram Phal, Jagrup son of Dhanna and Gohlu son of Chandu were cultivating the land with a tractor. Daya Pati along with her Devar's wife Sewa Pati, her husband's elder brother's wife Chander Mukhi, her Jeth Mihan Singh and her Devar Raghbir went to the fields. Her husband Zile Singh was also along with them. A tractor, which had been hired, was ploughing the land. Zile Singh asked Om Parkash to convene a panchayat, but her Jeth Om Parkash fired a shot from his double barrel licenced gun, which hit the abdomen of Zile Singh. Zile Singh died on the spot. Om Parkash tried to fire another shot, but his gun did not function. Mihan Singh over-powered Om Parkash and Raghbir snatched the gun from Om Parkash. After the gun was snatched, Ram Phal, Jagrup and Gohlu exchanged blows with the complainant party. In the scuffle, Om Parkash also received injuries from the hands of Raghbir. A case regarding the land was pending in the Civil Court. On the basis of this statement, FIR Ex.PA/2 was recorded on 25.11.1996 at 11.40 a.m. and the special report reached the J.M.I.C., Jind on the same day at 3.10 p.m.
(3.) THE prosecution to prove its case brought into the witness box Smt. Daya Pati PW1, Raghbir Singh PW2, Natha Singh PW3, Kitab Singh PW4, Satbir Singh PW5, Fakir Chand PW6, Vir Bhan PW7, Mohinder Singh Sub Inspector PW8, Dharamvir Singh ASI PW9, Dr. K.C.Jain PW10, Mohinder Singh PW11, Dharam Singh SI PW12 and Hoshiar Singh SI PW13.;