SHAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against the final judgment dated 30.04.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.403-DB of 2000 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the judgment/order of conviction and sentence rendered by the Trial Court.

(2.) The case of the prosecution is as under: Naurang-the deceased was an inhabitant of Malia Mandi, Hansi. About 8-9 months prior to the occurrence, his daughter Suman was married to son of Sube Singh (Accused No.3). However, the relations between the two families had become strained due to this marriage.

(3.) On 09.10.1997, at about 9.15 p.m., Naurang-the deceased was going on his bicycle to attend his duty at Hafed Spinning Mill, Hansi. When he reached near nursery, Sube Singh, his brother-Shama (appellant herein) and one fat man-Jai Singh came on a scooter. Jai Singh asked to Naurang about his name and when he told his name, he fired a shot from his pistol on Naurang's abdomen, which hit a little above his Navel. Some passers-by took Naurang to a General Hospital, Hansi. Dr. S.K. Gupta (PW-1) Medical Officer of General Hospital, Hansi informed the police about the admission of injured Naurang in Hospital. After receiving information, Mam Chand, Inspector (PW-11) came to the Hospital and made an application seeking opinion of the doctor about the fitness of Naurang so as to enable him to record his statement. After getting the opinion of the Doctor that Naurang was fit to make statement, Mam Chand, Inspector (PW-11) recorded the statement of Naurang(Ex.PF/1). Thereafter he sent the same to the Police Station through Constable Sumer Singh for registration of the case. Since the condition of Norang was serious, he was referred by the doctor to Medical College and Hospital, Rohtak.