BABU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Babu Singh was the only accused, who was named in case FIR No.26 dated 17.06.1991 registered at Police Station Boha under Section 307 IPC. He is stated to have caused a pistol shot injury to Gurdev Kaur, wife of his elder brother, due to a property dispute. In the above said FIR, after registration of the case, report under Section 173 Cr.P.C. was submitted and the appellant was convicted for offence under Section 307 IPC by the Court of Additional Sessions Judge, Mansa, who sentenced him to undergo rigorous imprisonment for four years and to pay a fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Brief facts of the case can be gathered from the FIR, which was registered on the basis of statement made by Gurdev Kaur injured. In the present case, occurrence had taken place on 17th June, 1991 at about 10.30 a.m. Statement of Gurdev Kaur was recorded at Civil Hospital, Budladha on 17th June, 1991 at 4.40 p.m. The statement made by Gurdev Kaur was exhibited as Ex.PF and the formal FIR Ex.PC-1/19 was registered on 17th June, 1991 at 5.30 p.m. and the special report on the same day reached the Illaqua Magistrate at 10.00 p.m. Gurdev Kaur in her statement, which led to registration of the FIR, stated that at the time of occurrence, she along with her son Harjinder Singh, was tilling cotton crop in her field adjoining the fields of Nishan Singh. When the accused Babu Singh, younger brother of her husband, came there and protested as to why her son Harjinder Singh along with his father had reported to the Panchayat regarding the dispute over the plot. The appellant asserted that whatever may, he shall construct the wall in the plot and will resist any obstruction caused by the complainant party, to which Harjinder Singh PW-3 replied that they also have 1/3rd share in the plot and they will not allow the accused to construct the wall. The appellant Babu Singh is said to have retorted that he will settle the dispute once and for all. Then he took out the pistol from the dub of his Pajama and fired towards Harjinder Singh. The shot hit Gurdev Kaur on her mouth and pierced through her left jaw. Gurdev Kaur was taken to the hospital by her husband Sadhu Singh and was got admitted in Civil Hospital, Budladha. The cause of grudge statedly was dispute over the plot, which accused intended to sell to the exclusion of Sadhu Singh and his other brother Modan Singh.

(3.) Police arrived at the hospital on receipt of a ruqa from the Doctor regarding admission of Gurdev Kaur. On the opinion given by the Doctor that Gurdev Kaur is fit to make statement, her statement Ex.PF was recorded, the gist of which has been narrated above. After registration of the case, FIR was investigated, report under Section 173 Cr.P.C. was submitted and the accused was committed to the Court of Additional Sessions Judge, Bathinda, who on 31st October, 1991 framed the charge for offence under Section 307 IPC against the appellant on the ground that on 17th June, 1991 at about 10.30 a.m. in the area of village Rori Khurd, the appellant has caused pistol shot injury to Gurdev Kaur with an intention to cause her death. The appellant pleaded not guilty and claimed trial. Prosecution examined PW-1 Dr. Pritpal Singh, Medical Officer, who was then posted at Primary Health Centre, Budladha. He deposed that on 17th June, 1991 at 2.00 p.m. he medico legally examined Gurdev Kaur, aged 45 years and has found following injuries on her person: 1. Lacerated wound 1/2 cm x 1/2 cm on labial surface of left angle of mouth. Margin inverted Clotted and fresh blood was present. 2. Lacerated wound 3/4 cm x 3/4 cm on left side of face over angle of jaw. Margin everted. Clotted and fresh blood was present. The Doctor further opined that on probing, injuries No.1 and 2 were through and through. As per the opinion of the Doctor the injuries were simple in nature. He further gave an opinion that injuries No.1 and 2 were possible with gun shot pellets. However, in cross examination, he stated that possibility of these injuries being caused by Sua blow cannot be ruled out.