STATE OF PUNJAB Vs. PARVEEN KUMARI

JUDGEMENT

(1.) THE present appeal, has been filed by the State of Punjab against the judgment dated July 5, 1983 recorded by Shri O.P. Dharwal, the learned Additional Sessions Judge, Ludhiana whereby Parveen Kumari, Ranjit Singh and Darshan Singh were acquitted of the charge under section 307/34, Indian Penal Code but Rajneesh Kumar son of Parveen Kumari was convicted for an offence under section 324, Indian Penal Code and was released on probation on his furnishing a personal bond in the sum of Rs. 5000/- with one surety in the like amount for a period of two years.

(2.) THE prosecution case in brief is that Bhim Sain deceased husband of Parveen Kumari accused used to reside at Ghumar Mandi, Ludhiana Ram Parkash Bassi, PW3 brother of Bhim Sain was alleged to have owned house No. B-VI-269 at Talab Mandir Road, Ludhiana which was a double Storeyed house with three shops in it. Chuni Lal was a tenant of those shops but Parveen Kumari obtained Possession from him in April 1980 as a result of which Ram Parkash, his brothers and Sisters filed a civil suit in the Court of Shri S.S. Sandhu, Sub Judge Ist Class, Ludhiana against Parveen Kumari and others for possession of the property. On July 17, 1982, Ram Parkash, his brother Manohar Lal, Narinder Singh and Avtar Singh, PWs came to the Court premises at Ludhiana in connection with the civil Suit which was fixed for hearing on that day. All the accused-respondents had also attended the Court. The statement of Ram Parkash was recorded in the civil suit and when the case was adjourned Ram Parkash went towards the cabin of his counsel Shri Satish Kumar Aggarwal. His brother Manohar Lal and Avtar Singh PW3 were accompanying him. When they reached near the cabin of Mrs. Sahi Advocate at 12.45 P.M, the respondents started abusing them. Ram Parkash looked back and saw Parveen Kumari handing over her licensed revolver to her son Rajneesh Kumar telling him not to spare Ram Parkash. Rajneesh Kumar then fired at Ram Parkash with the revolver and this shot hit him on his neck. The injured started bleeding and some blood fell on the ground. Ram Parkash reached the Court of Shri S.S. Sandhu in the injured condition and the counsel also arrived there. The occurrence was narrated to Shri S.S. Sandhu, Sub Judge who advised Shri Satish Kumar Aggarwal to take Ram Parkash to the hospital information given by Ram Parkash was recorded by the Sub Judge. In the meantime Avtar Singh and Narinder Singh had caught hold of Rajneesh Kumar and his mother while Darshan Singh and Ranjit Singh managed to run away. Ram Parkash went to Police Control Room opposite Judicial Court premises from where Sub Inspector Sudershan Singh took Ram Parkash to Civil Hospital, Ludhiana and got him medically examined. Dr. Suresh Kumar Gupta conducted the medico-legal examination. On the same day Parkash was taken to C.M.C. Hospital, Ludhiana, where he was examined, by Dr. Sunil K. Singh who found a fire-arm injury on his person which was bleeding and was of fresh duration. The injury was declared simple in nature. Outside C.M.C. Hospital, Ludhiana Manohar Lal met Sub Inspector Baljinder Singh and made statement Exhibit PJ to him, on the basis of which ease was registered against the respondents. Investigation in the case was made and the respondents were challaned.

(3.) RAJNEESH Kumar accused stated that his mother left the bag containing revolver and some papers on the bench outside the Court Room and asked him to take care of the same. She went inside the Court. After evidence was recorded Ram Parkash came out of the Court Room and told him that he had proved him a bastard child. He then told Ram Parkash that he may himself be a bastard and picked, up the bag out of fear that Ram Parkash may not take the same away. Ram Parkash caught him from his back side and in the suffle the revolver went off from the Jhola. After tome time two constables arrived and apprehended- him. His mother at also detained. Darshan Singh and Ranjit Singh pleaded their false implication.