SUKHDEV SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Sukhdev Singh was attached with Mangat Ram as a Personal Security Officer. Mangat Ram' was a Municipal Councillor and was also working as Chairman, works Committee. The appellant has been held guilty by the learned trial court vide the judgement and order of 17/08/1999 for the offence punishable under Section 302 Indian Penal Code and Section 307 of the said Code. On 1 8/08/1998 he was sentenced to undergo rigorous imprisonment for life and a fine of Rs.200.00 for the offence punishable under Section 302 Indian Penal Code and for two years rigorous imprisonment and a fine of Rs.200.00 for the offence punishable under Section 307 Indian Penal Code, in default of payment of fine he was to undergo further rigorous imprisonment for two months. The substantive sentences of imprisonment were directed to run concurrently.

(2.) . The facts of the prosecution case were that Defender Singh had parked his three wheeler scooter bearing no. DIB 1805 opposite the gate of Mangat Ram's office. He opened the lid of the engine. Appellant objected to it and asked Devinder Singh to go away from there. Deveinder Singh had ignored the objection of the appellant. There was an altercation. The appellant threatened to take the said three wheeler scooter to the police station. Thereupon the deceased retorted that he would see as to what the appellant could do. The appellant boarded the scooter and asked the deceased to take the scooter to the police station Adarsh Nagar. The driver of the three wheeler scooter did not follow the right way but tried to proceed in a wrong direction. The appellant asked him to stop and a scuffle took place. During the course of scuffle the appellant took out his pistol and fired at the driver. The bullet missed the target and hit the thigh of Vijay Kumar who was standing nearby. The appellant fired again and this time it had hit the deceased Devender Singh, driver of the three wheeler scooter and Devender Singh collapsed. The appellant. Defender Singh and vijay Kumar were taken to Hindu Rao Hospital. Devender Singh was declared to be dead while Vijay Kumar was admitted in the hospital.

(3.) . Though the report under Section 173 Indian Penal code with respect to the offence punishable under Section 304/308 Indian Penal code the charges were framed against the appellant for offences punishable under Section 302 and 307 Indian Penal Code. The appellant pleaded not guilty and claimed a trial.