companyplainant, his brother Harjinder Singh alias Inder Singh, Sube Singh son of Partap Singh, Jarnail Singh son of Mukhtiar Singh, Pohla Singh son of Aroor Singh all residents of village Chak Saidoke had gone to the school of the village for the purpose of casting their votes in the Panchayat Election.
In the meantime, Constable Joginder Singh No.
Since the appellant abjured guilt, trial was held.
Joginder Singh was requested number to fire the shot, but he did number pay any attention and companymitted the murder of Harjinder Singh.
He lodged a report with Inspector Harbans Lal, who recorded his statement and a case was registered vide FIR No.5 dated 18.1.1993 under section 304 IPC, but he was number arrested by the police and numberaction was taken against him, numberwithstanding the fact that he visited the Police Station on number of times and this necessitated the filing of companyplaint.
Stand of the accused appellant before the trial Court apart from the plea of denial was that some people tried to snatch away ballot boxes as a companysequence of which the law and order situation became bad.
At about 9.45 or 10.00 a.m. he and his brother Harjinder Singh made a request to the voters to keep peace so that there may number be any dispute in casting their votes for the people, who were already standing in queue to cast their votes.
After investigation was companypleted, charge sheet was filed.
The police party fired in the air to disburse the mob.
The shot fired at Harjinder Singh hit on his head and he died at the spot.
As per the post mortem report, cause of death was due to shock and haemorrhage as a result of injuries Nos.1 and 2, which were on the vital part of the brain and were sufficient to cause death in the ordinary companyrse of nature and the injuries were caused with fire arms.
The occurrence was witnessed by the companyplainant along with Sube Singh son of Partap Singh, Jarnail Singh son of Mukhtiar Singh and Pohla Singh son of Aroor Singh, all residents of village Chak Saidoke.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding the companyviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentencing him to imprisonment for life and fine of Rs.2,000/ with default stipulation as recorded by learned District and Sessions Judge, Ferozepur.
Background facts in a nutshell are as follows A companyplaint under Section 302 IPC was filed by Harbans Singh son of Gurbachan Singh, resident of Chak Saidoke, Police Station Sadar Jallalabad, Tehsil Fazilka against Joginder Singh stating therein that on 18.1.1993 at about 9.00 AM.
1421, PC Branch, office of the Senior Superintendent of Police, Ferozepur, the accused appellant challenged his brother Harjinder Singh and abused him and subsequently, he fired a shot from his rifle.
