RAJIV KUMAR @ BABBI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Rajiv Kumar @ Babbi was convicted for the offence under Section 307 IPC and was sentenced to undergo R.I. For 5 « years and to pay a fine of Rs.1000/ - and in default to undergo a further period of 6 months. He was also convicted for the offence under Section 25 of the Arms Act and was sentenced to undergo R.I. for 2 years and to pay a fine of Rs.500/ - and in default to undergo a further period of 2 years R.I. Aggrieved by the aforesaid judgment of the trial Court the present appeal has been preferred by him.

(2.) IT is the case of the prosecution that on 26.9.1994, at about 2.00 A.M. the accused was seen coming from the side of the village Jaula Khurd having wrapped a blanket on his person when PW1 Hari Chand ASI and PW7 Balwinder Pal S.I. alongwith other officials had engaged a naka near Jaula chowk. The accused started firing on the police personnel from his gun. PW7 Balwinder Pal S.I. directed the police party to fire in self -defence and catch hold of the accused alive. A Constable Amrik Singh fired one shot from his SLR and PW7 SI Balwinder Pal fired 2 shots from his service revolver. The accused then threw his weapon and surrendered before the police. PW7 inquired about the name and whereabouts of the accused. .12 bore SBBL gun was recovered by PW7. The accused also possessed four live cartridges of .12 bore. Two empty cartridges were also found strewn around the scene of occurrence. Those articles were also recovered by PW7 under relevant memos. A sum of Rs.42/ - found in possession of the accused also was recovered by PW7. PW7 sent ruqqa for registration of a case. He having examined the witness in this case laid final report as against the accused.

(3.) THERE was no one to represent the Appellant before this Court. I heard the submission made by Sh.V.P.S. Sidhu, AAG, Punjab. It is his submission that PW1 Hari Chand ASI and PW7 Balwinder Pal SI have cogently spoken to the fact that the accused came armed with a gun and fired at the police party with an intention to kill the police personnel and surrendered after the police party, as per the instruction of PW7, opened fire. Therefore, he would submit that the prosecution has established through PW1 and PW7 that the accused made an attempt to commit the murder of the police personnel with the unlicenced weapon he possessed.