GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurcharan Singh, appellant stands convicted for an offence u/s 307, IPC and Section 27 of the Arms Act and sentenced to undergo RI for seven years and a fine of Rs. 3000/- or in default further R.I. for two years u/s 307, for and to RI for an year u/s 27, Arms Act. The substantive sentences were directed to run concurrently. The amount of fine, if realised was ordered to be paid to Nachhatar Singh injured P.W., as compensation, vide judgment dated 2.6.1990 and order of the same date, passed by Sh. Gurdial Singh, Anr1. Sessions Judge, Barnala.

(2.) The appellant is the real brother of injured P.W. Nachhatar Singh. The prosecution story may be briefly narrated as follows

(3.) P.W. 3 Nachhatar Singh had 3 brothers, namely Gurcharan Singh appellant, Gurmukh Singh and Baldev Singh. Out of them, Nachhatar Singh is unmarried. In a partition amongst the brothers, Nachhatar Singh and Baldev Singh separated from their brothers Gurumukh Singh and Gurcharan Singh appellant and they both had been residing together. On 12.6. 1988 at about noon-time, P.W. Nachhatar Singh, Baldev Singh and their uncles son, Ajmer Singh started scattering manure in the fields. There was a heap of manure lying close to their house which belonged to Nachhatar Singh, Baldev Singh and Gurcharan Singh. The appellant had already removed the manure which he scattered in his own field. After taking the trolly-load of manure to the field, Nachhatar Singh, Baldev Singh and Ajmer Singh returned to the site of manure heap. Nachhatar Singh and Ajmer Singh were loading the manure from that heap with the help of baskets into the tractor. Gurcharan Singh, appellant, armed with a 12 bore SB gun arrived, there and called upon these persons, as to why they were removing the manure without his consent. He fired a shot, hitting Nachhatar Singh in his eyes, forehead and head as a result of which he fell down. This occurrence was, witnessed by Baldev Singh and Ajmer Singh. Nachhatar Singh was removed to the hospital at Barnala where he was medically examined. From there, he was removed to CMC, Ludhiana. On receipt of information from the Civil Hospital, Barnala, ASI Darbara Singh proceeded to that hospital, but the doctor, on enquiry, confirmed that Nachhatar Singh was not fit to make a statement. He then recorded the statement of Baldev Singh Ex. PK and on that basis, a case was registered. Gurcharan Singh, appellant was produced before the police on 21.6.1988 by Natha Singh and he was arrested.