JAGGI SINGH @ JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 23/24.4.2003 passed by Sh. Jaspal Singh, Additional Sessions Judge, Bathinda, vide which accused -appellant Jaggi Singh @ Jagjit Singh has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. The case of the prosecution as enumerated from the record is that statement of Jagsir Singh S/o. Kartar Singh was recorded in which he has stated that on 3.10.2000 at about 5.15 p.m. his brother Sira Singh was returning to his house on bicycle located in the colony, from the village. Jaggi Singh accused, who was armed with gandasa was coming from the opposite direction, whereas Charno @ Charanjit Kaur wife of Sira Singh was coming on foot, having a bundle of fodder on her head. At that time, the buffalos belonging to him were drinking water in the pond. On seeing Sira Singh, Jaggi Singh accused exhorted that today he will not be allowed to go scot free as he was causing harassment to Pammi and levelled false allegations upon him and today he will be eliminated. Jaggi Singh -appellant gave two gandasa blows with an intention to kill him, one from its right side and another from reverse side, which landed on the head of Sira. Sira Singh feel down on the ground. Complainant, as well as, Charno w/o. Sira Singh raised hue and cry and shouted for help. Accused Jaggi Singh fled away from the spot. Motive for the occurrence was stated to be that accused Jaggi Singh caused injuries to Sira at the instance of Paramjit Kaur @ Pammi w/o. Makhan Singh, brother of the complainant, as well as, victim Sira Singh. Paramjit Kaur @ Pammi developed illicit relations with Jaggi Singh and he used to generally visit in her house to quench his lust for sex, which was not acceptable being insult to the complainant and his brother. Injured Sira Singh was taken to the hospital, where he was medico legally examined. After investigation of the case, challan was presented against the accused.

(2.) COPIES of documents were supplied to the accused under the rules free of cost and the case was committed to the Court of Sessions. Charge under Section 307 IPC was framed against the accused Jaggi Singh and charge under Section 120B was framed against Jaggi Singh and co -accused Paramjit Kaur @ Pammi. Both of them pleaded not guilty and claimed trial.

(3.) AFTER closure of the prosecution evidence, accused were examined under Section 313 Cr.P.C. and all the incriminating evidence was put to them, to which they denied and complained of false implication. Accused Jaggi Singh stated that he has been falsely implicated. Makhan Singh and his wife Paramjit Kaur @ Pammi had strained relations with Sira Singh and Jagsir Singh on account of dispute of ornaments. Sira Singh and Jagsir Singh had also sold the ancestral house and Makhan Singh was not given any share out of the sale proceeds and Makhan Singh was demanding his share. The appellant was helping Makhan Singh in their family dispute and on that account he has been falsely implicated. Co -accused Paramjit Kaur @ Pammi has stated that she has been falsely implicated and reiterated the same stand.