BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ASSAILING the impugned judgment of conviction dated 29.8.2002 and order of sentence dated 2.9.2002, by virtue of which, appellant -convict Balwant Singh s/o Bhagwan Singh (for brevity "the appellant") was convicted and sentenced to undergo rigorous imprisonment for a period of seven years, to pay a fine of Rs. 1000/ - and in default of payment of fine, to undergo further rigorous imprisonment for a period of one year, for the commission of an offence punishable under Section 307 IPC by the trial Court. The matrix of the facts, material & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, is that on 18.10.1999 at about 7/7.30 PM, as soon as, complainant -injured Jagsir Singh (PW 6) reached near the gate of his house, in the meantime, the appellant raised a lalkara and fired a shot from his licensed. 12 bore gun, which hit on the right side of his abdomen. The incident was also witnessed by his wife Sukhwinder Kaur (PW 7). The motive of the incident was partition of the joint land. In the background of these allegations and in the wake of statement (Ex. P8) of complainant -injured Jagsir Singh, the present criminal case was registered against the appellant, vide FIR No. 178 dated 19.10.1999 (Ex. P8/B), on accusation of having committed an offence punishable u/s. 307 IPC by the police of Police Station Zira, District Ferozepur in the manner depicted here -in -above.

(2.) AFTER completion of the investigation, the police submitted the final police report (challan) against the appellant to face trial for the indicated offence. Since, the case was triable by the court of Session, so, it was committed for trial by the Sub Divisional Judicial Magistrate, Zira, vide his commitment order dated 24.1.2000. Consequently, he appeared before the Court of Session in pursuance of commitment of the case.

(3.) THE prosecution, in order to substantiate the charge framed against the appellant, examined PW 1 Dr. Gian Singh, who has medico legally examined Jagsir Singh complainant -injured (PW 6) and found the following injury on his person, vide MLR (Ex. P1): -