VAZIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) VAZIR Singh 4(20) was convicted under Secton 307 of the Indian Penal Code by learned Additional Sessions Judge, Sonepat, and sentenced to seven years rigorous imprisonment and a fine of Rs. 250/-. In default of payment of fine, he was further sentenced to rigorous imprisonment for six months. He has preferred this appeal.

(2.) ACCORDING to the prosecution, Vazir Singh alias Pappi in conspiracy with his real brother Jai Bhagwan obtained the latter's stengun and on April 5, 1984, at about 3.30 P.M. fired two shots hitting Roshan Lal (PW19). on the right forearm and left thigh when he was watering his fields and his brother Krishan Lal and his father Mohinder were working nearby in the same fields. The firing was done with the intention of killing Roshan Lal. Roshan Lal ran to save his life and he entered the Kotha of tubewell of Tyagis situated nearby. His father, brother and another brother Surinder along with some others came there on hearing the noise of the shots. Roshan Lal opened the doors of the Kotha and he was removed to the hospital. Dr. B.D. Chaudhary (PW1) sent ruqa to the police. The police went to the hospital and after ascertaining fitness of Roshan Lal recorded his statement on the basis of which present First Information Report was entered at P.S. Sadar, Sonepat.

(3.) THE Investigating Officer could not inspect the spot as night had fallen. He, therefore, carried out the inspection on the morning of May 6, 1988. He took up two empty cartridge cases of 9 mm. from the field and a blood-stained wooden plank from the Kotha of Tyagis. No blood-stained earth could be recovered from the fields where Rosyhan Lal had been hit as a result of firing and he had started running. It may be mentioned here that the appellant as well as his brother Jai Bhagwan are employed in a Commandos Force stationed at Fatehabad. On the day of occurrence Jai Bhagwan was away in connection with temporary duty to C.I.A. Staff, Hissar, and the appellant was posted temporarily to Police Station Dabwali. In connection with official duy, Jai Bhagwan had been issued a stengun which remained with him from September 30, 1987 to April 11, 1988. The stengun which was issued to Jai Bhagwan was seized during investigation and it was forwarded in a sealed cover to the Ballistics Expert along with the empty cartridge cases recovered from the spot. The opinion of the Ballistics Expert was that the empty cartridge cases (Exhibits P5 and P6) had not been fired from that stengun. After the investigation the police presented a charge sheet against the appellant and his brother Jai Bhagwan, the latter for an offence under Section 120-B read with Section 307 of the Indian Penal Code.