LAWS(P&H)-2013-7-731

SOHAN SINGH & ANR. Vs. STATE OF PUNJAB

Decided On July 10, 2013
Sohan Singh And Anr. Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE epitome of the facts and material, which needs a necessary mention for the limited purpose of deciding the instant revision petition and emanating from the record, inter -alia, is that, there was some dispute between the parties with regard to construction of metaled road. On 15.12.2006, petitioners along with their other co -accused formed an unlawful assembly, armed with deadly weapons and came to the spot, where construction work of the road was going on. It was claimed that accused Gurdeep Singh raised a lalkara, whereas the present petitioner Prem Singh gave a dang blow, which hit on the head of Raj Singh. He repeated the injuries and inflicted other lathi blows on his head as well. It has been specifically mentioned that petitioner -accused Sohan Singh, who was armed with a double barrel gun, fired a shot towards Budh Parkash son of complainant Gurmej Singh with an intention to kill him. The shot hit on his right hand. He felled on the ground after receipt of gun shot injury. Other co -accused have also caused injuries to complainant party in the manner depicted in the FIR. In the background of these allegations and in the wake of complaint of complainant Gurmej Singh, a criminal case was registered against the petitioners and their other co -accused, for the commission of offences punishable under Sections 148, 307, 323 and 324 read with section 149 IPC, by the police of Police Station Guruharsahai, District Ferozepur. During the course of inquiry, the police deleted the offence punishable u/s. 307 IPC and submitted the final police report (challan) against the accused, on accusation of having committed the offences punishable under sections 148, 324 and 325 read with section 149 IPC.

(2.) TAKING into consideration the material/evidence on record, the trial Court of Additional Sessions Judge charge -sheeted the accused for the commission of offences punishable under sections 148, 307 and 323 read with section 149 IPC, by virtue of impugned order dated 24.1.2011 (Annexure P1) and separate charge sheet dated 5.2.2011 (Annexure P2) and the case was slated for evidence of the prosecution.

(3.) AFTER hearing the learned counsel for the parties, going through the material/evidence on record & the legal proposition with their valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant revision petition in this context.