The above order of companyviction and sentence is under challange in this appeal preferred by the appellant under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984.
On companyclusion of the trial the learned Judge companyvicted him of both the charges and sentenced him to imprisonment for life and a fine of Rs.1,000/ , in default, to rigorous imprisonment for two years more for the former and to rigorous imprisonment for two years more for the former and to rigorous imprisonment for one year and a fine of Rs.100/ , in default, to rigorous imprisonment for three months more for the latter, with a direction that the substantive sentences shall run companycurrently.
He immediately fell down on the spot.
He also companytended that as he was the sole bread earner of the family and earning a total monthly remuneration of Rs.1600/ to 1700/ as an employee of the Punjab Roadways, he was made a target by the family members of the deceased.
In support of its case the prosecution examined nine witnesses but numberwitness was examined by the appellant.
His specific defence was that his another brother Nirmal Singh had a dispute with Darshan Singh over a house jointly owned by them.
Since then the relations between the two brothers became strained.
On companypletion of investigation he submitted charge sheet against the appellant and in due companyrse the case was companymitted for trial.
Then the appellant dragged him to the nearby pond and threw him in its water.
He sealed those articles and sent the same to the Ballistic Expert for his opinion.
Both of them were subjected to detailed and searching cross examination but the defence companyld number succeed in eliciting any favourable answer or discrediting them.
Inderjit Singh then approached Mukhtiar Singh of his village and accompained by him went to the police station and lodged a First Information Report.
At or about 6.30 P.M. while drawing water from the nearby hand pump he started hurling abuses towards Darshan Singh in his absence and gave out that he would kill him.
According to P.W.3 there was numberburing and numberbalckening around the wound but some tattooing were present around the margin.
Over that issue Darshan Singh and his sons Jagmel Singh and Dayal Singh had assaulted him and other members of his family for which he instituted a police case against them.
Niranjan Kaur P.W.2 At that time Darshan Singh was sitting on a chounta raised platform by the side of the village pond which is near the village gate.
Shorn of details, the prosecution case is that the deceased Darshan Singh and the appellant used to live in adjacent houses in village Jangpur within the police station of Dakha in the District of Ludhiana.
Apprehending that the appellant might translate his threat into action, Inderhit Singh P.W.1 , another son of Darshan Singh, followed him accopained by his mother Smt.
Dr. Subhash Bhatta W.3 who held post mortem examination upon the dead body of Darshan Singh found a central irregular wound of 1/2x 1/2 with inverted margin on the left temporal region 1/2 away from the left eye.
About 2.1/2 years prior to his death a prosecution was launched against him and his son Jagmel Singh for causing injuries to the appellant.
The other companyroboration of P.W.1s evidence is furnished by the fact that the FIR companytaining the details of the prosection case was lodged within two hours of the incident and reached the Special MAgistrate on that very night at 2 A.M. We next find that the evidence of the two eye witnesses fits in with the medical evidence.
After the appellant had fled away, Inderjit Singh and his mother went to rescue Darshan Singh from the pond but found him dead.
Reaching there the appellant took out a pistol from the fold of his chaddar which was wrapped around his body and fired a shot aiming Darshan Singh.
On the companytrary, the evidence of P.W.1 gets ample companyroboration from that of Bachan Singh P.W.5 to whom W.1 rushed after the death of his father and narrated the incident.
Leaving his mother near the dead body, Inderjit Singh rushed to Chowkidar Bachan Singh P.W.3 and narrated the incident.
Thereafter he ran away.
On March 27, 1984, the appellant was found moving around the house of Darshan Singh since numbern.
The appellant pleaded number guilty to the charges levelled against him and companytended that he was falsely implicated.
K.MUKHERJEE.J. Kapur Singh, the appellant herin, was placed on trial before the learned Additional Judge, Special Court, Ludhiana, to answer charges under Sections 302 of the Indian Penal Code and 27 of the Arms Act, 1959 on the allegation that on March 27, 1984 he companymitted the murder of his real brother Darshan Singh with a pistol.
After hurling abuses the appellant went towards the village gate.
