AMRIK SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment I dispose of Crl. Appeal No. 182-SB of 1989 Amrik Singh and another v. The State of Punjab and Crl. Appeal No. 179-SB of 1989, Gurdial Singh and another v. The State of Punjab, as both these appeals have arisen from the judgment and order dated 17.3.1989 passed by the Court of Additional Sessions Judge, Kapurthala who convicted the appellants under Section 307/34 of the Indian Penal Code and sentenced each one of them to undergo R.I. for a period of five years and to pay a fine of Rs. 1000/- each. In default of payment of fine, the appellants were ordered to undergo further R.I. for a period of four months.

(2.) BRIEF facts of the case are that on 22.10.1987, Inspector Hoshiar Singh, S.I. Wassan Singh, ASI Sansar Chand and other police officials went for patrolling. The D.S.P. Kultar Singh was also with them. When the police party was going 5.30 A.M. four persons came from the opposite direction and the police party had gone only at a distance of one furlong from village Sarupwal at that time. It is alleged that four persons came from the opposite direction and on seeing the police, they went down the slope of the Dhusi Band in the opposite direction. Inspector Hoshiar Singh gave a call to them to stop. Those persons, however, took positions on the ground and started firing at the police party. Under the direction of the D.S.P., the police officials also fired from their weapons in self defence. Inspector Hosmhiar Singh fired six shots from a service revolver and other officials also fired a number of shots. This encounter continued for about 8/10 minutes. Thereafter, all the four persons were apprehended. Amrik Singh appellant was having .315 bore loaded rifle in his possession. It was unloaded and was found to have seven live cartridges. Four empties were lifted by Inspector Hoshiar Singh from near this accused from the ground. In the similar way, other fire arms along with cartridges were recovered from the other appellants. None of the accused could produce any licence to keep the fire arms and cartridges. On completion of the investigation of the case, the accused were challaned in the Court of area Magistrate under Section 307 read with Section 34 of the Indian Penal Code. On commitment, the charge under Section 307/34 of the Indian Penal Code was framed against the appellants by the trial Court to which they pleaded not guilty and claimed trial.

(3.) I have heard Shri H.S. Gill, Senior Advocate, appearing on behalf of the appellants and Shri D.S. Dhillon, learned Additional, A.G. Punjab, appearing on behalf of the respondent and with their assistance have gone through the record of the case and I am of the considered opinion that the prosecution has not been able to prove the charge against the appellants beyond any reasonable doubt.