(1.) This criminal appeal is directed against the judgment and order dtd. 4/5/2023 passed by the High Court of Punjab and Haryana at Chandigarh[Hereinafter referred to as "the High Court"] in CRA-S-4900-SB-2014, whereby the High Court upheld the judgment of conviction and sentence dtd. 31/10/2014 rendered by the Additional Sessions Judge, Fast Track Court, Bathinda[For short, "the Sessions Court"], in S.C. No. 55 of 10/9/2011, against the appellant / accused. The particulars of the conviction and sentence are as under:
(2.) The case of the prosecution is that on 30/11/2010, the Station House Officer, Police Station City Rampura, received information that Head Constables Harjit Singh (PW.2) and Hardial Singh (PW.1) had been admitted to Civil Hospital, Rampura, in an injured condition. Upon reaching the hospital and obtaining medical opinion, regarding their fitness to give a statement, the Station House Officer recorded the statement of Head Constable Harjit Singh.
(3.) Based on the statement given by Head Constable Harjit Singh, FIR No. 65 of 2010 was registered for the offences under Sec. 307, 353, 332, 225, 186, and 120B of the Indian Penal Code, 1860[For short, "IPC"] and Sec. 25 of the Arms Act, 1959. Accused Maan Singh @ Mana was declared a proclaimed offender on 22/4/2011. At the stage of preliminary investigation, the Deputy Superintendent of Police, Circle Maur, in his enquiry report dtd. 3/1/2011, declared the appellant innocent. Subsequently, the case against the accused Kuldeep Singh and Baldev Singh, was committed to the Sessions Court, vide order dtd. 27/8/2011. After committal, charges were framed against the accused for the offences under Ss. 307, 186, 332, 353, 225 and 120B IPC, to which they pleaded not guilty and claimed to be tried.
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