JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been preferred by Jarnail Singh son of Banta Singh assailing the judgment rendered by Additional Sessions Judge, Fatehgarh Sahib, whereby he acquitted the appellant for offence under Section 307 IPC but convicted him for offence under Section 427 IPC. The learned Additional Sessions Judge, Fatehgarh Sahib sentenced the appellant to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) FIR, in the present case, was registered on the basis of statement Ex.PA made by Surinder Singh. He stated in his statement that he is a resident of village Shekhpura and do work of agriculture and sheller. On 10th July, 1995 at 3.30 p.m. he had gone to the house of Karnail Singh to convey the message of SDO, Electricity. He parked his Maruti car on one side of the street, in front of house of Karnail Singh. Thereafter, he went inside the house. A horn of tractor was heard by him. He came out and found that the appellant made an attempt to run over the complainant under the tractor. Thereafter, Jarnail Singh hit his tractor on the back side of the Maruti car.

(3.) In nutshell, case of the complainant was that accused appellant made an attempt to kill him by bringing his tractor towards the complainant, however, complainant could safe his life by running away from the spot. In the present case, nobody has suffered any injury. The trial Court, after discussing the evidence, came to the conclusion that no offence under Section 307 IPC is made out and held as under: