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2003 DIGILAW 1391 (PNJ)

Kewal Singh v. State of Punjab

2003-10-08

VIRENDER SINGH

body2003
JUDGMENT Virender Singh, J. - Kewal Singh and his father Mukhtiar Singh stand convicted vide impugned judgment of learned Sessions Judge, Faridkot dated 20.10.1990. Their conviction and sentence is as under :- Kewal Singh U/s 304 Part-II Indian Penal Code RI for seven years and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo RI for three months. Mukhtiar Singh U/s 30 of Arms Act Sentenced to pay a fine of Rs. 1000/-, in default of payment of fine to undergo RI for these months. 2. Mr. Ghai, learned counsel for the appellants contends that Mukhtiar Singh appellant has deposited the fine in the trial court itself. 3. In wood cut the case of the prosecution is that on 12.1.1989, Gurtej Kaur (since deceased) and her mother had gone to distribute GUR in the village as on 19.11.1988 as a son had born to her brother Chhinder Singhs wife in Malaysia. Kewal Singh appellant cut jokes with Gurtej Kaur in the presence of her mother and the matter was reported to Chhinder Singh when she came back to the house. It is then the case of the prosecution that Chhinder Singh, his maternal uncle Sukhdev Singh, Gurtej Kaur alongwith her mother had gone to the house of Kewal Singh to make a protest. It was 10 PM at that time. The appellant Kewal Singh was standing in the court yard. Chhinder Singh asked Kewal Singh appellant that he had not done right thing by cutting joke with his sister. Kewal Singh replied that earlier his mother had lodged a protest and now he had come for the same purpose. He then said that he would teach them a lesson. Kewal Singh appellant then brought a rifle of his father and fired at Chhinder Singh but incidently the fire shot hit Gurtej Kaur on her left thigh, on receipt of which Gurtej Kaur fell down. The prosecution case further goes that appellant Kewal Singh fired two other shots but incidently it did not hit anybody. He thereafter ran away from the place of occurrence. Gurtej Kaur was taken to Dhudike village by Chhinder Singh alongwith his mother but she died in the hospital.