KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals have been preferred against the judgment and order dated 26.3.2003 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. 160-SB and 161-SB of 1990 by which the High Court has dismissed the appeals filed by the appellant against the judgments and orders of the Sessions Judge dated 3.5.1990 passed in Sessions Case No. 71 of 1988 wherein the appellant stood convicted under Section 307 IPC and sentenced to undergo R.I. for three years and to pay a fine of Rs. 1500/- and in default of payment of fine to further R.I. for one year and in Sessions Case No. 81 of 1989, wherein appellant stood convicted under Section 27 of the Arms Act and sentenced to undergo RI for one year. However, the High Court reduced the sentence under Section 307 IPC from three years to one year but enhanced the fine from Rs. 1500/- to Rs. 15,000/-. Both the sentences have been directed to run concurrently.

(2.) The facts and circumstances giving rise to these appeals are that on 24.6.1987 at about 9.00 A.M. Tasbir Singh (PW.2), an Inspector in a Cooperative Society, was going on his bicycle towards his house in Darsh Nagri Malout. When he reached near the main entrance on the G.T. Road, a Maruti car driven by Karamjit Singh appellant came from behind and passed by the side of Tasbir Singh. After covering some distance the car stopped. Tasbir Singh again passed by his side of that car and when he had reached about 100 yards ahead of the car, it came from behind and hit the cycle of Tasbir Singh. When Tasbir Singh(PW2) made a complaint to Karamjit Singh appellant about the incidents, he replied that he would do the same again. Tasbir Singh (PW2) then went to his house and met his friend Gurmit Singh Brar. From there, Tasbir Singh (PW2) alongwith Gurmeet Singh Brar went to village Saranwan Bodla where he is married. Tasbir Singh(PW2) told his father- in-law Chattarpal Singh about the incident as Chhattarpal Singh was closely related to Mohinder Singh, father of Karamjit Singh, appellant. Harjinder Singh (PW3), Parshotam Singh(PW4) sons of Chattarpal Singh were also there. They all five went to the Focal Point of Village Katianwali just to lodge complain against the conduct of Karamjit Singh appellant to his father Mohinder Singh. Mohinder Singh and Karamjit Singh were present in the office of Cooperative Society at that time as both of them were employed there. Chhattarpal Sigh made a complaint to Mohinder Singh about the behaviour of Karamjit Singh appellant and this resulted into exchange of hot words between the two. Karamjit Singh appellant then asked Chhattarpal Singh to take Tasbir Singh (PW2) from there otherwise he would be dealt with properly. Thereafter, Karamjit Singh appellant went to his nearby residence in his Maruti car and came back within five minutes having his licensed .12 bore gun. It is alleged that on instigation by his father Mohinder Singh, Karamjit Singh, appellant fired a shot at Tasbir Singh(PW2). Mohinder Singh also took out his revolver and aimed the same at Tasbir Singh. The shot fired by Karamjit Singh hit Tasbir Singh in his abdomen and nearby area. Thereafter, Karamjit Singh fired another shot hitting Harjinder Singh and Parshotam Singh PWs. In the meantime Pippal Singh son of Mohinder Singh who also reached there was given a "Chhura" blow by Harjinder Singh. Gurmit Singh intervened and rescued these persons. Injured were then taken to Civil Hospital, Malout where they were medically examined. On the same day, statement of Tasbir Singh(PW2) was recorded by ASI Ram Singh PW.6 in Civil Hospital, Malout on the basis of which the formal FIR was recorded. The I.O. started the investigation and Karamjit Singh appellant was arrested in this case on 2.7.1987. A .12 bore gun and two cartridges of point .12 bore were also taken into possession by the Investigating Officer through separate recovery memos. The Investigating Officer recorded the statements of prosecution witnesses. On completion of the investigation, the present appellant, his brother Pippal Singh and father Mohinder Singh were challaned.

(3.) After committal proceedings, Karamjit Singh was charged under Section 307 IPC whereas Mohinder Singh and Pippal Singh were charged under Section 307/34 IPC. Karamjit Singh appellant was challaned separately in a case of Arms Act and was charged under Section 27 of the Arms Act in that case.