BALWANT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 set the criminal law into motion by lodging a complaint to the Incharge Police Station, Bazpur on 26.05.2002, enumerating the facts contained therein that on the selfsame date when he along with his elder brother Ranjeet Singh and his younger brother Satwant Singh were watching T.V. at their residence, Balwant Singh, Ram Singh and Chanchal Singh came outside their house at 11:05 a.m. The accused persons asked the informant and other family members to come out of their house. The informant along with other family members came out of the house. Ram Singh and Chanchal Singh threatened them with the dire consequences. Balwant Singh fired upon Ranjeet Singh with the intention of killing him. Ranjeet Singh sustained injuries at chin and neck. The informant and other family members somehow managed to escape. The family members of the informant saw the incident.

(2.) CHIK FIR was lodged on the selfsame date i.e. 26.05.2002, at 4:20 p.m., at Bajpur. The distance between the place of occurrence and the police station was eight kilometer. Hence, there appears to be no delay in lodging the first information report. After investigation of the case, a charge -sheet was submitted against the accused persons, namely, Balwant Singh (appellant), Ram Singh and Chanchal Singh for the offences punishable under Section 307/34 of IPC. The case was committed to the Court of Sessions. While charges under Sections 307 read with Section 34 of IPC was framed against accused persons Ram Singh and Chanchal Singh, charge under Section 307 IPC was framed against the accused -appellant Balwant Singh, to which they pleaded not guilty and claimed trial. PW 1 Harvinder Kaur (informant), PW 2 Ranjeet Singh (injured), PW 3 Dr. G. S. Joshi (radiologist), PW 4 Dr. S. K. Chaudhary (Medical Officer) and PW 5 Ishwari Dutt Joshi (I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons in statement under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. DW 1 Dr. Dijay Kumar Tilara (Medical Officer) was examined on behalf of the appellant Balwant Singh in defence. After considering the evidence on record, accused Ram Singh and Chanchal Singh were exonerated of the charges levelled against them. Accused -appellant Balwant Singh was, however, convicted of the offence punishable under Section 307 IPC and was sentenced to undergo rigorous imprisonment for five years along with fine of Rs. 7000/ -, in default of payment of which, he was directed to undergo six month's further rigorous imprisonment, vide impugned judgment and order dated 30.09.2003. Aggrieved against the said judgment and order, present Criminal Appeal was preferred by the appellant.

(3.) PROSECUTION led the evidence through PW 1 Harvinder Kaur, who not only supported the prosecution story, but also proved her complaint (Ext. Ka -1) in her examination -in -chief. PW 2 Ranjeet Singh (injured) also supported the prosecution story. PW 3 Dr. G. S. Joshi, (radiologist) proved the x -ray report of the injured as Ext. Ka -2. Pw 4 Dr. S.K.Chaudhary, who examined the injuries of Ranjeet Singh (victim) on 26.05.2002, at 4:30 p.m., found following injuries on his person: