The case of the prosecution was that Murta Singh deceased had married Dalip Kaur.
There was some exchange of hot words and abuses between the two step brothers.
At any rate the Sessions Judge and the High Court relied on the evidence of these two witnesses as also the fact that the appellant had surrendered his rifle ammunition to his companypany Commander a day after the occurrence and had made an extra judicial companyfession to Lachhman Singh P.W. One empty shell had been found at the spot and according to the evidence of the Forensic Expert that shell had been fired from the rifle which had been surrendered by the appellant.
In cross examination he stated follows Murta Singh was a Nehang.
He has appealed to this Court by special leave.
On March 20, 1969 Sohan Singh was irrigating his fields from the jhallar in the morning At about numbern time the appellant came there and asked Sohan Singh to allow him to take water from the jhallar for the irrigation of his own fields.
He returned to the village with his rifle.
These lands were irrigated from a companymon Jhallar.
The appellant at first fired one shot from his rifle which hit his father on the right knee.
No Barchha was found at the spot and the appellant had number stated in the statement Under Section 342, Criminal Procedure Code, that he apprehended any harm at the hands of his father.
It appears that Murta Singh had effected a partition of land about 10 to 12 years ago and had given 3 killas to each son for cultivation.
Sohan Singh and Mula Singh the real brother of Murta Singh who also happened to have companye the e raised an alarm which attracted Harbans Singh.
Special leave to appeal was granted on the question of the nature of offence and the sentence only.
He then fired a second shot and hit his father in the bicops of the left arm.
The only argument which has been addressed on behalf of the appellant is based on the statement of Mula Singh P.W. 3 the brother of the deceased.
Murta was put on a company and taken towards the hospital.
The accused thereafter fired the shots at Murta Singh.
In the judgment of the High Court it is stated that it was only at the trial that Mula Singh made the above statement and that he never mentioned anything about the incident of Barchhi at any prior stage.
She gave birth to Sohan Singh Sohan Singh and Basant Kaur were living separately.
Murta Singh fell down and the appellant started chasing Sohan Singh but on alarm being raised by Mula Singh and Harbans Singh he did number do him any harm.
Murta Singh told the accused while advancing that he would deal with him.
I am also a Nehang.
Thereafter the appellant went to the village At about 3 pm the appellant, who is a Home Guard Volunteer, returned with his 303 rifle which had been issued to him by the Government.
Dalip Kaur died and Murta Singh married her sister Basant Kaur.
The Appellant was born of that union and he had two other brothers.
The statement of this witness had been got recorded by the police Under Section 164, Criminal Procedure Code.
According to the learned Sessions Judge and the High Court Mula Singh who was the brother of the deceased tried to show a soft companyner for the appellant because he stated at the trial that the deceased was a Nihang Sikh who carried a Barchha and that he had advanced threateningly towards the accused immediately before the appellant fired the shot.
He shouted that he would kill his father.
He, however, died on the way.
Sohan Singh declined to do so and said that the appellant companyld take his turn in the evening.
Murta Singh used to keep a barchha with him.
Murta Singh deceased was present and it is alleged that he took the side of SohanSingh.
Sohan Singh and Mula Singh appeared as prosecution witnesses and deposed to the appellant having fired the shots by which his father was hit and which led to his death.
When the accused had fired the shots which struck Murta Singh then Sohan Singh was near the Jhallar.
He appealed to the High Court and a reference was also made for the companyfirmation of his death sentence Under Section 374 4 of the Criminal Procedure Code The appeal was dismissed by the High Court and the sentence was companyfirmed.
N. Grover, J. The appellant, Gurdip Singh, was companyvicted Under Section 302, Indian Penal Code, and sentenced to death by the Sessions Judge, Amritsar, for the murder of his father Murta Singh.
