JAGRAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal from the judgment and order of the Additional Session Judge, designated court, Bhiwani against a conviction recorded under Section 6 (1) of the Terrorist and disruptive Activities (Prevention) Act, 1987 as also under S. 285.323/34 Indian Penal Code and under Section 25 of the Arms Act. The highest sentence awarded to the appellant is under Section 6 (1) of the said Act i. e. two years rigorous imprisonment, and another counts he has been awarded lesser sentences which have been ordered to run concurrently with the one recorded under Section 6 (1) afore-referred to.

(2.) The facts found against the appellant are that he, in company of his father, Labh Singh, while standing at a village bus stand came across the victim, who was no other than the father-in-law of the brother of the appellant and with whom the appellant and his family were in litigation. On exhortation of Labh Singh co-accused, the appellant fired a gun shot at the victim but it did not hit him. Labh Singh, however, could cause him certain injuries by a stick. On alarm being raised, the appellant and his father left the scence of occurrence. The designated court has found the appellant guilty. Labh Singh has since died. The brunt is now on the appellant.

(3.) Having heard learned counsel for the appellant we are of the view that the case against him is not covered by the later part of Section 6 (1) of the terrorist and Disruptive Activities (Prevention) Act. 1985 compelling the court to award a sentence not less than three years because no intention of the appellant was manifest to aid any terrorist ordisruptionist. It was. at best, an incident which happened between the close relatives. Keeping that in view and specially when the overt acts of the appellant have caused no damage, we would think that ends of justice would be met if the appellant is sentenced to six months rigorous imprisonment under all counts and the sentences are ordered to run concurrently. His guilt is otherwise proved. We order accordingly and dispose of the appeal. The appellant who is on bail shall surrender to his bail bonds forthwith.