TEJINDER SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 17.12.1988 passed by Additional Sessions Judge, Amritsar who convicted the appellant under Section 307 Indian Penal Code and sentenced him to undergo RI for a period of 5 years and to pay a fine of Rs. 5,000/- and in default of payment of fine he was further directed to undergo RI for six months.

(2.) THE case set up by the prosecution is that on 1.4.1986 the afternoon peace of the New Grain Market was shattered when shots rang out and two of which hit Meja Singh on his neck and left eye. According to the prosecution, Meja Singh and his son Satnam Singh were feeding fodder to their cattle and the time was about 1.00 p.m. Tejinder Singh alias Kala had come there, whipped out a pistol from his dub and fired four shots at Meja Singh injuring him on the left side of his neck and left eye. The other two shots missed Meja Singh. It is also the case of the prosecution that Sajjan Singh accompanied his brother and exhorted him to teach Meja Singh a lesson for getting the land released. The occurrence was witnessed by Narottam Singh who was standing nearly and after the occurrence had taken place the accused escaped on bicycles. Injured Meja Singh was removed to Sri Guru Teg Bahadur Hospital, Amritsar where he was medico-legally examined by the doctor at 2.15 p.m. who found the following injuries on his person :-

(3.) THE learned Magistrate supplied the copies of the documents to the accused and committed them to the Court of Session. Tejinder Singh was charge- sheeted under Section 307 Indian Penal Code while Sajjan Singh was charge- sheeted under Section 307/34 Indian Penal Code. The accused pleaded not guilty and claimed a trial.