SARWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 22.05.2009 passed by learned Additional Sessions Judge, Kashipur in Sessions Trial No.123 of 2005, State v. Sarwan Singh another, whereby the Court below convicted both the appellants under Section 324 of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced each of them to undergo one year's R.I. with fine of Rs.1,000/- each with default stipulation. However, the appellants were acquitted for the offences u/s 307, 504 and 506 IPC.

(2.) Facts, in nutshell, are that PW1 Gurminder Singh lodged an FIR on 22.6.2004 with the averments that water motor of appellant-Surendra Singh was repaired by Ranjeet Singh, son of informant. On 22.6.2004 at 8 AM, appellant Surendra Singh took away his son saying that the motor is not working. When the son of informant said that the bush of motor had been damaged, appellant Surendra Singh started to beat his son and also hit a hammer which hit on the shoulder of his son, after which his son returned home. Then the complainant along with other persons went to the appellant Sarwan Singh to complaint the act done by his son Surendra Singh, but he (Sarwan Singh) also became enraged, hurled filthy abuses and exhorted his son Surendra to take out a gun and to kill them. On this exhortation, Surendra Singh ran inside, took out a gun and shot a fire on Ranjeet which hit on his right leg. Surendra shot another fire but it was missed. The informant with his son and companions somehow managed to escape. With these averments, the FIR was lodged.

(3.) Injured Ranjeet Singh was medically examined by PW5 Dr. M.S. Bohra who recorded as many as 2 injuries on the person of injured.