ASI HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of Criminal Appeal No.110 SB of 2001 filed by accused -appellant Hardev Singh and Criminal Revision No.1813 of 2002 filed by complainant -Karamjit Kaur as both the cases have arisen out of the same judgment and incident, therefore, these have been taken up together to avoid any repetition. For convenience facts are being taken from Criminal Appeal No.110 SB of 2001.

(2.) ASI Hardev Singh has directed the present appeal against the judgment and order dated 16.12.2000 passed by Shri A.N.Jindal, the then learned Additional Sessions Judge, Fatehgarh Sahib vide which the accused -appellant was convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5000/ -and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(3.) ON 10.3.1991, ASI Hardev Singh accused was on duty there and was preventing the buses from halting at the Dhabba of Sat Pal injured. At about 1.45 p.m when Sat Pal and Rakesh Kumar were at their Dhabba, ASI Hardev Singh accused while patrolling again came there. He has been preventing the buses to stop there as they were poor persons and were earning their livelihood by providing meals to the passengers and he should have mercy upon them and allow them to earn their livelihood. At this, Hardev Singh accused flue into rage and grappled with Sat Pal. Then Sat Pal, Rakesh Kumar and other employees of the Dhabba beseeched and entreated the accused but the accused brought out his service revolver and with it fired three rounds at Sat Pal. The shots hit in the right thigh, buttock and abdomen of Sat Pal, who fell on the ground. Then an employee of the police department caught hold of ASI Hardev Singh accused. Thereafter, the accused took the injured in a private truck to a hospital for treatment. After the injured was taken to the hospital, complainant Rakesh Kumar went to lodge the report and when he came across Inspector Joginder Singh met at bus stand Sanghol, where he made his above referred statement before him, thereupon Inspector Joginder Singh made his endorsement, which was completed at 2.25 p.m and sent the same to the police station through Constable Jasbir Singh and on the basis of which FIR was registered at police station Khamano. A special report was also sent to the Illaqua Magistrate, which was received by him at 11.00 p.m on the same day.