SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide judgment dated May 20, 1998, Additional Sessions Judge, Faridkot convicted Sukhdev Singh appellant under Section 307 IPC for causing injuries to Karamjit Singh and Ramesh Pal, whereas Gurmeet Singh @ Pali appellant was convicted under Section 307 read with Section 34 IPC. Similarly, accused Gurmeet Singh @ Pali was held guilty under Section 307 IPC for causing injuries to Ramesh Pal, whereas Sukhdev Singh was held guilty for the offence under Section 307 read with Section 34 IPC. Both of them were sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 200/- on each of the two aforementioned counts, and in default of payment of fine, to undergo further rigorous imprisonment for one month. Gurmeet Singh @ Pali was also held guilty under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.200/-, in default of payment of fine to undergo further rigorous imprisonment for one month. All the substantive sentences were ordered to run concurrently.

(2.) According to the prosecution, complainant Karamjit Singh and accused Sukhdev Singh were property dealers by profession and running their business at Moga. They had purchased one plot jointly, which they wanted to sell. On 28.3.1996 at about 7.00 P.M., Karamjit Singh-complainant alongwith Ramesh Pal @ Gachi, who both were members of the Town Hall Club, Moga, went to the said club. They were sitting in the club when at about 8.30 P.M., Sukhdev Singh accused, armed with licensed .12 bore double barrel gun came to them in the club premises, whereas Gurmeet Singh @ Pali accused, who was also armed, remained sitting in the jeep, which had been parked by them in front of the gate of the club. Sukhdev Singh sat down on a chair where Karamjit Singh and Ramesh Pal were sitting. Sukhdev Singh started talking with Karamjit Singh regarding sale of the plot. An altercation took place between them when Karamjit Singh told Sukhdev Singh that he would execute sale deed only on payment of sale consideration. At this, Sukhdev Singh accused felt enraged and fired a shot, which hit Karamjit Singh-complainant on his left arm. Upon this, Ramesh Pal PW came forward to rescue Karamjit Singh. Gurmeet Singh @ Pali then came out of the jeep and fired a shot hitting Ramesh Pal on his left arm. Ramesh Pal tried to run away but in the meantime, Sukhdev Singh accused fired another shot hitting him on his right arm and back. The alarm raised by Karamjit Singh and Ramesh Pal attracted Ravi Kumar, who also witnessed the occurrence. In order to save himself, Karamjit Singh hid himself in the gardener's room after bolting the door from inside. Both the accused then fled away from the spot while carrying their respective weapons.

(3.) This Court need not to go into all the finer details of the investigation and of the trial for the reason that the learned counsel for the appellants states that though Karamjit Singh-complainant, who had received fire arm injuries, has since passed away, the other injured, namely, Ramesh Pal @ Gachi has amicably settled the matter by way of compromise with the appellants at the intervention of the respectables and for better and healthy relationship in future between them. It is also submitted that Sukhdev Singh appellant was arrested on 29.4.1996 and was granted bail for the first time by the High Court in this appeal on 27.5.1998. He, thus, remained behind the bars for a period of more than 2 years. In case of Gurmeet Singh he was arrested on 29.4.1996 and granted bail by the High Court during the trial of the case on 18.9.1996 and, thus, he had served a period of about 5 months in jail. Accordingly, prayer has been made for accepting the compromise arrived at between the parties and extending the necessary benefit to the appellants.