ASHOK KUMAR MATHUR, J. - (1.) THIS is an appeal of the accused appellant against the judgment of the learned Additional Sessions Judge, Hanumangarh dated 27 -8 -1981 whereby he has convicted the accused appellant under Section 302 IPC and sentenced him to life imprisonment with a fine of Rs 3,000/ -and in default of payment of fine to further undergo rigorous imprisonment for a period of three years.
(2.) THE facts giving rise to this case are that on 14 -2 -1960 one Totasingh resident of Hirnawali at about 8.40 p.m. presented himself before the Police Station Hanumangarh Junction and gave out an oral report that his elder brother Bhajansingh owed a sum of Rs 100/ - to accused Jangeer -Singh. Therefore, he demanded this sum of money. On this date in the after -noon there was a musical concert (Akhara) at about 3 p.m. and he had also gone to witness this along with his deceased brother Bhajan Singh and in this musical concert deceased Bhajan Singh demanded the money from accused Jangeer Singh. Thereupon the accused Jangeer Singh told him to come along with him at my house and payment would be made At about 5.30 p m. in the evening when the musical concert was over, he along with his brother and Jangeer Singh proceeded to the house of accused Jangeersingh. In the way, Bhajan Singh told the accused Jangeer Singh to kindly give a fixed date when the payment is going to be made so that he may not have to demand the money repeatedly. The accused Jangeersingh told him to come along with with to his house and they would settle it there. When they reached at the house of Jangeer Singh, Jangeer Singh went inside the house. At that time Bhajan Singh was standing in the street and Gakha Singh and Bikar Singh were also standing. Jangeer Singh went inside his house and closed the door and climbed on the terrace of his house. When he came on the terrace of his house, he was armed with a 12 bore single gun. Thereafter the accused Jangeer Singh challenged Bhajan Singh that he should get ready for sum of Rs. 100/ -, Thereafter, Jangeer Singh fired on Bhajan Singh and that hit right side of the chest of the deceased Deceased Bhajan Singh fell down and died on the scene of occurrence. Thereafter, Jangeer Singh also fired at him, but he could manage to hide himself behind the wall. It is further stated that Gakha Singh and Bikar Singh and Maniram have also witnessed the incident and the dead body of the deceased was lying at the scene of occurrence. On this basis, a case under Section 302 IPC read with Section 27 of the Arms Act was registered against the accused and the investigation was taken up. Two constables were sent at the scene of occurrence immediately. On 15 -2 -1980 the Investigating Officer, Shri Prahlad Rai, PW 5 Station House Officer, Hanumangarh Junction reached on the scene and prepared the site -plan and took the blood stained soil. The Panchnama of the dead body was also prepared the dead body was taken into custody and the same was sent for post mortem. The accued was arrested on 15 -2 -1980 and be produced one licensed gun along with empty. After close of the necessary investigation a challan was filed against the accused under Sections 302 and 307 IPC and the accused was sent for trial to the court of Sessions. During the course of trial, the prosecution examined about 6 witnesses and got large number of documents exhibitted. The defence examined only two witnesses. The plea of the accused was that deceased Bhajan Singh had liquor contract and, on account of that he had enmity with other liquor contractors. The deceased has been murdered by some other person and Totasingh and other members of his family who had a land dispute with the accused therefore they want to wrongly rope in the accused deliberately in this case. The learned Additional Sessions Judge, after due trial found the accused guilty on basis of the testimony of PW 2 Totasingh and PW 3 Gakhasingh. He however disbelieved the testimony of PW 5 Jagarsingh. He further held that non -examination of Maniram and Bikarsingh is not fatal. Thus, he found the accused Jangeersingh guilty under Section 302 IPC and sentenced him to life imprisonment with fine of Rs. 3,000/ - and in default of payment of fine to undergo three years rigorous imprisonment. However, he acquitted the accused under Section 307 IPC. Aggrieved against this, the accused appellant has preferred this appeal against his conviction and sentence.
(3.) WE have heard learned Counsel for the appellant and the learned Public Prosecutor and have also perused the record.;