MASTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave has been filed by the appellants Mastan singh, Harbhajan Singh and Ajit Singh. Mastan Singh has been convicted u/s 307 Indian Penal Code and is sentenced to four years' rigorous imprisonment whereas the other two have been convicted u/s 307 read with S. 34 Indian Penal Code and are sentenced to three and a half years' rigorous imprisonment.

(2.) Mastan Singh has also been convicted u/s 336 read with S. 34 ipc and is sentenced to three months' rigorous imprisonment whereas Bhajan singh has been convicted u/s 336 and is sentenced to six months and Ajit Singh has been convicted u/s 336 read with S. 34 Indian Penal Code and is sentenced to three months' rigorous imprisonment.

(3.) The prosecution's case at the trial was that all these persons reached the house of injured Bachan Singh, Public Witness 1 and it is alleged that when Bhajan singh raised his gun, Bachan Singh closed his door and thereafter a shot was fired which struck at the door ; thereafter Mastan Singh and Ajit Singh climbed on the roof of Mastan Singh's Kotha and from there they noticed Bachan singh and his wife Mahinder Kaur, Public Witness 3. They came out of the room and went into the courtyard. It is alleged that Ajit Singh suggested to Mastan Singh to take the opportunity and Mastan Singh by a countrymade pistol fired three shots which resulted in pellet injuries to Bachan Singh and his wife.