JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by Jarnail Singh son of Budh Singh, who was nominated as an accused along with seven acquitted accused in case FIR No. 50 dated 17.2.1996, registered at Police Station Sadar, Ferozepur under Section 307/ 34 IPC and 25/ 27 of the Arms Act.

(2.) The court of Additional Sessions Judge (Fast Track Court), Ferozepur vide its judgment dated 17.12.2002 acquitted co-accused of the appellant but found the appellant guilty under Section 307 IPC and vide a separate order of even date sentenced him to undergo RI for three and a half year under Section 307 IPC and to pay a fine of Rs. 5000/-. In default of payment of fine, he shall further undergo RI for six months. In the present appeal, the appellant has challenged his conviction pronounced and sentenced awarded by the trial Court.

(3.) Mr. Sidhu, learned counsel for the appellant at the outset has stated that as per the prosecution story, accused-appellant has not fired the shot which caused injuries. Learned counsel states that the trial Court has not believed the prosecution version and has recorded the conviction relying upon the defence plea taken by the accused under Section 313 Criminal Procedure Code Learned counsel states that no conviction can be recorded on the basis of the statement recorded under Section 313 Criminal Procedure Code