NIRMAL SINGH @ NIMMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nirmal Singh @ Nimma, appellant has brought this appeal against the judgment of his conviction dated 05.02.2011 passed by learned Additional Sessions Judge, Jalandhar for an offence punishable under sections 307 and 394 IPC and the order on sentence dated 07.02.2011 vide which he has been sentenced to undergo the following punishments, which were ordered to run concurrently :-

(2.) The prosecution case in brief is that on 26.09.1996 at about 6.25 PM, Jasbir Singh, complainant was sitting in the office of petrol pump. Two salesmen Sham Lal and Khem Chand Giri were filling petrol and diesel in the vehicles at that time. In the meanwhile, a Bajaj Chetak bearing registration No.PB-11-A-6229 came there at the petrol pump. Three young boys came to the petrol pump on the said scooter. They got petrol filled in the scooter and then demanded the cash bag from Sham Lal. When Sham Lal refused to give the cash bag to them, one of those boys took out a pistol and placed the same at the temple of Sham Lal. He then tried to snatch the cash bag. Other salesman named Khem Chand Giri saw this and came forward in support of Sham Lal. This led to a scuffle. At this, the person wielding pistol, fired a shot therefrom, which hit the shoulder of Sham Lal. The other two men, who were having knives, caused injuries to Khem Chand Giri and Sohan Singh, truck driver of the petrol pump and Amrik Singh domestic servant employed with the complainant, who were present at the petrol pump and had been attracted to the spot by the commotion. They were also given blows with knives by the two persons having them. Attracted by the occurrence, the complainant also came out of the office and raised alarm. A number of persons had collected at the spot hearing the sound of gunshot. They started throwing bricks and stones on the robbers. Two young boys, who were wielding knives succeeded in escaping from the spot while the one having pistol was overpowered. The police came to the spot in the meanwhile and took the injured to the hospital. The person, who was overpowered at the spot was found to be Satnam Singh. The pistol, which was recovered from the possession of Satnam Singh, was unloaded and was found having three live cartridges in the same. A rough sketch of the pistol was prepared. He disclosed the name of his accomplices as Nirmal Singh and Dilbag Singh. The statement of the complainant Jasbir Singh was recorded by the police. It was sent to the police station, on which the case was registered. At Civil Hospital, Nakodar, Dr. Tarsem Singh medicolegally examined Sohan Singh, Sham Lal, Malkiat Singh and Khem Giri. He also examined Satnam Singh,accused. Injury no.2 of Satnam Singh was declared grievous. All other injuries of Satnam Singh alias Satta as well as of the victims were declared simple in nature. Satnam Singh was arrested and on his statement, the other accused were also arrested. Knives from them were also recovered.

(3.) Charge was framed against all the three accused for an offence punishable under sections 307 and 394 IPC and section 25 of the Arms Act , to which they pleaded not guilty and claimed trial.