BALDEV SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.7.2004 of the learned Additional Sessions Judge, Ferozepur vide which appellant Baldev Singh was convicted under Section 450 I.P.C. and sentenced to undergo RI for 3-1/2 years and to pay a fine of Rs.1000/-, in default of payment of fine, to further undergo RI for 9 months. He was further convicted under Section 307 I.P.C. and sentenced to undergo RI for 3 years and to pay a fine of Rs.700/-, in default of payment of fine, to further undergo RI for 9 months. Appellant Mukhtiar Singh was convicted under Section 450/149 I.P.C. and sentenced to undergo RI for 3-1/2 years and to pay a fine of Rs.1000/-, in default of payment of fine, to further undergo RI for 9 months. He was further convicted under Section 307/149 I.P.C. and sentenced to undergo RI for 3 years and to pay a fine of Rs.700/-, in default of payment of fine, to further undergo RI for 9 months.

(2.) The occurrence is said to have taken place on 5.10.2000 in which it was alleged that all the accused persons namely Pavittar Singh, Baldev Singh and Mukhtiar Singh along with three unknown persons entered the house of complainant, Sher Singh fully armed and Baldev Singh fired shots from his gun towards the complainant and he while making an attempt to escape, bolted himself in a room. He immediately raised an alarm which attracted other persons to the spot whereupon the accused are said to have abandoned the house of the complainant. The reason for the incident is said to be a previous enmity where the complainant was to depose against the accused persons in another matter. The F.I.R. in this case was registered on 11.10.2000 after a delay of six days and the explanation for the delay given by the complainant is that he moved the office of the D.S.P. and other senior officers who marked an enquiry to ASI/SHO namely Harpal Singh.

(3.) The facts of the case would reveal that it is a case where no injury was inflicted upon anyone.