RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated 30th April, 2008 passed by the High Court of Punjab and Haryana in Criminal Appeal Nos. 433-SB/1993 and 363-DB/1994 and in Criminal Revision No. 565 of 1994.

(2.) The instant matter arises out of FIR NO. 121 dated 5th October, 1991 registered with PS I/SPP Bus Stand, Jalandhar, pursuant to reporting made by P.W.2 Anil Chhabra. It was reported that on that day at about 7:30p.m. in the Conference Hall at King's Hotel, Jalandhar, about 15 to 16 members had joined a kitty party. After the party was over, some of the members went out having finished their meals. At about 10:40p.m. about 5 to 6 persons were still left in the Hall. It was further stated that P.W.2, Anil Chhabra, Raj Kumar @ Raju, Inderbir Singh Sachdeva and Subhash Malhotra were sitting at a table. While they were chatting, the said Inderbir Singh statedly abused Raj Kumar @ Raju i.e. the present appellant in the name of his sister, as a result whereof the appellant got enraged and took out his licensed revolver of 32 bore and started firing at Inderbir Singh. According to the reporting, first two shots hit him in the chest on the right side. In the meanwhile, said Inderbir Singh had taken a turn towards his left and at that time, the appellant had fired two more shots. It was further reported that after having fired the shots, the appellant ran away and Inderbir Singh succumbed to his injuries at the spot itself. It was further stated that P.W.2, Anil Chhabra and Subhash Malhotra had witnessed occurrence and thereafter telephoned the Police.

(3.) After registration of crime, investigation was undertaken by the Police. At the site in question, the Police recovered two lead pieces. As part of the inquest proceedings, the statements of P.W. 2, Anil Chhabra as well as one Gurbachan Singh later examined as P.W.3 were recorded. The body of the deceased was sent for post mortem which was conducted by P.W. 1, Dr.Manjit Singh Saini, who found the following injuries on the person of the deceased:-