JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment above mentioned criminal appeal as well as criminal revision would be disposed of as these have arisen out of the same incident/judgment.

(2.) Prosecution case was set in process on the basis of the statement of complainant Harjinder Singh recorded by Sub Inspector Piara Singh. Complainant stated in his statement that on 17.8.2006 at about 8.40 A.M., he had gone to work in their fields from their house along with his brother Gurdeep Singh. At about 8.45 A.M., when they reached the outskirts of their village near the flour mill of Mohinder Singh, Kewal Singh was standing there. Kewal Singh was hurling abuses at them and was saying that they had prevented him from throwing grass in the fields and he would teach a lesson to them. There was exchange of abuses between them. In the meantime, Jasbir Singh and Kulwinder Singh alias Kinda reached there on a motor cycle driven by Jasbir Singh. At that time Jasbir Singh was armed with a pistol whereas Kulwinder Singh was armed with a gun. They raised a lalkara run away, you are to be killed today. Then Jasbir Singh fired a shot from his pistol at Gurdeep Singh which hit him on his right side of the neck. As a result of this, Gurdeep Singh fell on the ground. In the meantime, Kulwinder Singh fired a shot from his gun at him (complainant) but he saved himself by hiding himself behind a tree. Kewal Singh gave kick blows to Gurdeep Singh while he was lying down. Tarlochan Singh reached the spot, on hearing the fire shots. Many villagers also gathered at the spot. The assailants then fled away from the spot with their respective weapons on the motor cycle while hurling abuses. The motive behind the occurrence was that on 15.8.2006 they had prevented Kewal Singh from throwing grass in their fields. Due to this reason Kewal Singh, Jasbir Singh and Kulwinder Singh had fired at them with an intention to kill them. Injured Gurdeep Singh was removed to Sacred Heart Hospital, Maqsudan for treatment.

(3.) On the basis of the statement of the complainant, formal FIR No. 19 dated 17.8.2006 was registered at Police Station Maqsudan District Jallandhar under Section 302, 307, 120-B, 34 of the Indian Penal Code ('IPC for short) and 25, 27 of the Arms Act, 1959 ('Act' for short).