SUKHDEV SINGH @ SUKHA FAUJI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is criminal appeal by convict Sukhdev Singh @ Sukha Fauji.

(2.) PROSECUTION case is that on 22.10.2003, Rajinder Kumar -complainant along with his cousin Inderjit was going from Zira to Ferozepur. At about 6.15 p.m., they reached near village Markhai. Two persons came on a motorcycle from behind them and overtook their scooter and signaled the complainant to stop the scooter. When the complainant stopped the scooter, pillion rider of the motorcycle (subsequently identified as accused -Appellant Sukhdev Singh @ Sukha Fauji) alighted from the motorcycle and asked the complainant and Inderjit to handover everything in their possession along with key of the scooter and also threatened to shoot them dead in case of refusal. The complainant refused to handover the key of the scooter. Thereupon, accused Sukhdev Singh took out pistol and fired a shot hitting the complainant on his right waist. The complainant and his companion Inderjit raised alarm. Thereupon both the culprits fled away on their motorcycle. The complainant reported the matter to the police on 23.10.2003 by making statement. Thereupon FIR was registered and investigated. The complainant was got medico -legally examined on 30.10.2003. One Jagtar Singh stated during investigation that Sukhdev Singh, Satnam Singh and Nirvair Singh had hatched conspiracy to commit decoities and robberies to be committed by Sukhdev Singh and Satnam Singh. Accused Sukhdev Singh was in custody in some other case when on 10.12.2003, his custody was obtained in this case and he was formally arrested in this case. Accused Sukhdev Singh refused to join test identification parade. Accused Nirvair Singh was arrested later on. Accused Satnam Singh could not be arrested. He was since absconding. On completion of the investigation, police presented report under Section 173 of the Code of Criminal Procedure (Cr.P.C.) for prosecution of Sukhdev Singh and Nirvair Singh under Sections 307, 386 and 397 read with Section 511 and Section 120 -B Indian Penal Code and Sections 25 and 27 of the Arms Act whereas separate proceedings for arrest of Satnam Singh accused were going on.

(3.) NIN support of its case prosecution has examined six witnesses.