S.M.RIZVI, J - (1.)This criminal appeal is directed against the judgment and order of the learned Sessions Judge, Kathua dated 31-7-1990, convict ing the appellant for the offence under Section 302 RPC and sentencing him to life imprisonment and a fine of Rs. 500.00.
(2.)The prosecution story briefly stated is that the deceased Kuldeep Singh and the appellant Amarjeet Singh, were both married to two sisters of the complainant Harcharan Singh and had come to their in-laws house on 17/11/1986. The appel lant was accompanied by his wife also but the deceased had not brought his wife along with him. On 18th of Nov. the deceased borrowed a gun from a neighbour and went out for hunting. He returned to his in-laws house in the evening. The appellant also stayed in the in-laws house for the second day also. On 19th of Nov. the deceased as also the appellant went for hunting in the morning and returned to their in-laws house by about noon. After sometime the appellant left the house carrying the Dun presumably for hunting purposes. The complainant met him outside the house and told him to have his lunch first before going out. The appellant felt offended and threatened the complainant. On seeing the behaviour of the appellant, the complainant went inside the house and asked the deceased as to why he has given the gun to the appellant. The deceased immediately got out and called the appellant requesting him to return home. The appellant did not oblige him and asked the deceased not to follow him. When the deceased persisted in following him, to get him back, the appellant warned him in doing so, as otherwise he may open fire at him. The deceased however did not take the appellants threat seriously and wanted to go near to him for getting him back. This infuriated the appellant and he opened fire at him hitting his chest. The deceased fell down and soon after collapsed. In the meanwhile the com plainant with the help of some of the prosecution witnesses overpowered the appellant. They arranged a matador and took the dead-body of the deceased as also the appellant to the police station.
(3.)The police after conducting the investigation challaned the appellant in a Court of law. He was committed to the Court of Sessions Judge, Kathua to face the trial. He was charged for the offence under Section 302 RPC. He pleaded not guilty to the charge.