BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal has been filed by the appellant Baldev Singh against the judgment and order dated 2.4.1991, passed by the learned Additional Sessions Judge, Ferozepur, whereby the appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- and in case of default to further undergo R.I. for four months for the offence under Section 324 of the Indian Penal Code (IPC for short). Besides, the appellant has also been ordered to undergo R.I. for one year and to pay a fine of Rs. 1,000/- and in case of default to undergo R.I. for two months for the offence under section 61(1)(a) Punjab Excise Act, 1914.

(2.) THE brief facts are that Head Constable Gurdev Singh along with Head Constable Harbhajan Singh and other constables, in plain clothes, were present at Gowal Mandi, Ferozepur. There they received secret information that the appellant who is in the habit of bringing and selling illicit liquor in Gowal Mandi would be coming along with bladder containing illicit liquor. The information inspired confidence and Gurdev Singh Head Constable organised a barricade (Naka). After some time Baldev Singh appellant came there and he was carrying a bag (Jhola) in his right hand which contained the bladder of illicit liquor. An attempt was made to apprehend him with the other police officials. However, the accused threw the bag (Jhola) on the ground and took out a knife from the 'dub' (end of a sheet worn round lower body and used as a pocket) and made a murderous assault on Harjit Singh constable. He gave knife blows in the stomach, chest and other parts of his body and Harjit Singh started bleeding. The injuries, it is alleged, were on the vital parts of the body and were dangerous to life. The appellant ran away from the spot along with his knife. However, the shoe of his right foot came off and remained at the spot. The bladder was taken into custody and sample containing 180 mls. was taken out and remaining liquor was put in 12 bottles of 750 mls. each and in this manner 9180 mls. illicit liquor was recovered.

(3.) THE prosecution in support of its case, examined eight witnesses. Besides, documents were tendered in evidence which include the Chemical Examiner report Ex.PA and Serologist report Ex.PR and closed its evidence.