BAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this appeal under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984, the appellant challenges his conviction and sentence for the offence under Section 307, Indian Penal Code, as recorded by the learned Judge, Special Court, Ferozepur.

(2.) The appellant along with Mukhtiar Singh S/o Sardara Singh; Nishan Singh; Balkar Singh and Nishawar Singh were sent up for trial before the Special Court, Ferozepur. The Trial Court convicted Nishawar Singh but gave him the benefit of the Probation of Offenders Act and directed him to furnish a bond in the sum of Rs. 1000/- for maintaining peace and to be of good behaviour for a period of two years. Mukhtiar Singh, Nishan Singh and Nishawar Singh were acquitted. Baj Singh, appellant, was convicted for the offence under Section 307, I. P. C. and awarded four years rigorous imprisonment.

(3.) The case of the prosecution is that on 13-2-1984 P. W. 3, Mukhtiar Singh along with Gurbachan Singh (since dead) were returning from the tubewell of Gurbachan Singh and on reaching near the village Phirni, Baj Singh accompanied by Mukhtiar Singh and Balkar Singh, armed with their respective lincenced guns, Nishan Singh armed with gandasi, and Nishawar Singh, empty handed came out of the house of Nishan Singh. Baj Singh raised a 'lalkara' challenging Gurbachan Singh and fired at him from his licensed gun but Gurbachan Singh got aside and saved himself. Nishan Singh, thereupon, gave a gandasa blow from the reverse side on the left leg of Gurbachan Singh. Nishawar Singh threw some brickbats hittings Gurbachan Singh on the head who on receipt of the same fell down. Mukhtiar Singh, P. W. 3, raised an alarm and picked up a brick-bat to hurl at the accused party when Baj Singh fired from his licensed gun hitting Mukhtiar Singh, P. W. 3 on his right arm. Nishawar Singh then threw a brick hitting Mukhtiar Singh, P. W. 3, on his face. Mukhtiar Singh and Balkar Singh, co-accused of the appellant, also fired at the victims but none was injured. Reports of the occurrence were lodged with the police both by the complainant party and by the accused party giving their own versions of the occurrence. After completion of investigation, the accused were sent up to face their trial.