PIRTHI @ PRITHVI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Parties have tendered the deed of compromise (Annexure A-1) and the affidavits of Shalinder Kumar-injured, Raj Kumar and Ram Singh (Anenxures A2 to A-4) which are taken on record.

(2.) Vide judgment dated 22.05.2000, passed by Addl. Sessions Judge, Kurukshetra, the accused-appellant (herein referred as 'the appellant') was convicted and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 1,000/- under Section 307 IPC and rigorous imprisonment for a period of 2 years under Section 27 of the Arms Act.

(3.) The factual matrix of the case is that on 02.06.1994 at about 1:30 a.m., Shalinder Kumar-injured made a statement before SHO Inspector Sohan Singh to the effect that he and his brothers are the owners of 26 acres of land. Due to the low voltage of electricity in their neighbourhood, several persons collected and decided to change the phase so that they may get electricity at par with the other part of their village (Alampur). Around 9:30 p.m., Babu Ram, Randhir, Dalel Singh, Jaimal, Ram Singh and Raj Kumar visited the transformer, which was situated at a distance of 1 kilometer from their house, in order to change its phase. The line of the electricity was disconnected by his brother Babu Ram. In the meantime, accused Pirthi @ Prithvi Singh armed with double barrel licenced gun reached there. He, while abusing the aforesaid persons, remonstrated that he would not allow them to change the phase. Despite repeated requests made by Babu Ram etc., he did not agree and fired two shots from his gun. Resultantly, pellets hit on his right & left leg. Four pellets each hit on the right & left leg of his brother Raj Kumar. The shot pierced through the right foot of Ram Singh. When Sunil son of Prithvi Singh accused tried to intervene, he was hit with the shot above the knee of his left leg. Ram Singh and Raj Kumar fell down on the ground. The occurrence was witnessed by Randhir Singh, Babu Ram, Dalel Singh and Jaimal. After causing the injuries, accused ran away with his double barrel gun. All the three injured were shifted to the hospital. On the aforesaid statement made by Shailender Kumar, case under Section 307 IPC read with Section 27 of the Arms Act was registered and investigated.