ATMA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SOHEL Singh and his son Atma Singh were tried for an attempt on the life of Hans Raj (PW7 ). While Sohel Singh was acquitted, Atma Singh was found guilty of the offence under Section 307 of the Indian Penal Code and sentenced to 3 years' rigorous imprisonment with a fine of Rs. 300/-, in default of payment thereof to four months' further rigorous imprisonment.

(2.) THE prosecution case, briefly put, was that the injured witness was a tenant of the accused on the ground floor. On the night of occurrence at about 9. 00 p. m. the accused called out the injured PW outside the house and peremptorily asked him to vacate the house then and there. A negative response from the injured PW led to an assault on him by Atma Singh with a knife which he plunged into his chest when Sohel Singh held him.

(3.) IT has been contended on behalf of the appellant that evidence adduced by the prosecution does not disclose a motive from which an inference of the kind envisaged in clause 'firstly' and '2ndly' of Section 300 of the Indian Penal Code can be inferred nor the injury is of a type from which necessary inference of the kind envisaged in clause '3rdly' be inferred, The learned Counsel for the appellant argued that in view of the above offence under Section 307 of the Indian Penal Code is not established.