SANGEET LODHA,J. - (1.) This appeal is directed against the judgment dated 17.5.12 of Additional Sessions Judge (Fast Track), Anoopgarh in Session Case No. 39/09, whereby the appellant Kulvindra Singh @ Kala Singh has been convicted and sentenced as under : Section 449 I.P.C. Rigorous imprisonment for ten years and a fine of Rs. 500/-; in default of payment of fine to further undergo 15 days simple imprisonment. Section 302 I.P.C. Imprisonment for life and a fine of Rs. 500/-; in default of payment of fine to further undergo 15 days simple imprisonment. Section 3/25 (1-B)(a) of Arms Act One year's simple imprisonment and a fine of Rs. 500/-; in default of payment of fine to further undergo 15 days simple imprisonment.
(2.) The prosecution story as unfolded during the trial may be summarized thus: On 20.4.09 in the afternoon, informant Gurmel Singh, his father Dalvir Singh and younger brother were at their home. Around 3 P.M., a white car bearing number PB-33-2086 came in the street and stopped there. Dalvir Singh went near the car. In a short while, scream was heard. Gurmel Singh and Banta Singh, the sons of Dalvir Singh, rushed to the spot. Kala Singh s/o Major Singh, who resides in Punjab, was quarreling with Dalvir Singh and both were scuffling. Kala Singh was accompanied by Purn Singh, Jassa and Lakha. Purn Singh stopped Kala Singh and members of complainant party from quarreling. Gurmel Singh, Dalvir Singh and Banta Singh returned to their home. Around one hour later, Kala Singh, Purn Singh, Jassa Singh and Lakha Singh all came in a jeep, which was parked near the khala (Watercourse). They all indulged in firing entered the informant's house. At that time, informant Gurmel Singh and his wife, Banta Singh and his wife, Dalvir Singh and his wife were sitting under the neem tree in verandah of the house. Kala Singh fired from pistol at Banta Singh with an intention to kill him. Banta Singh suffered gun shot on his chest and fell down. Kala Singh and others fled away. When Banta Singh was taken care of, he was found dead. Kala Singh and others fired at Banta Singh after entering into home.
(3.) Narrating the incident as aforesaid, PW4-Gurmel Singh submitted a written report (Ex.P/1) to the SHO, Police Station, Suratgarh Sadar. On the basis of the written report (Ex.P/1), the police registered an FIR (Ex.P/14) for offences under Sections 449, 302/34 IPC and the investigation commenced.;