PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRITAM Singh has come up in appeal against his conviction under Section 307 of the Indian Penal Code recorded by the Additional Sessions Judge, Amritsar, vide his order dated 8th October, 1982. He has been sentenced to rigorous imprisonment for three years and a fine of Rs. 500/- in default, further rigorous imprisonment for six months.

(2.) MILKHA Singh injured prosecution witness was posted as a Moharrir Head Constable at Police Post, Khasa. On 21st November, 1981, Milkha Singh aforesaid left the police post for Amritsar for completion of certain police record. However, he deputed Pritam Singh appellant in his place by making an entry in the roznamcha. It is further alleged that Milkha Singh came back at about 6 p.m. in a drunken condition and started giving filthy abuses to the appellant saying who he was to sit in the chair of the Moharrir Constable. There was grappling between the appellant and the injured prosecution witness. The appellant is stated to have gone to his barrack, brought chhura Exhibit 4 and stabbed Milkha Singh in the left flank. He was overpowered by Swinder Singh PW and other police officials and the dagger was snatched from him. The injured was removed to S.G.T.B. Hospital, Amritsar, where he was medically examined by Dr. Harwant Singh Gill PW 2 who found the following injury on his person :-

(3.) APART from the medical evidence, the prosecution evidence mainly consists of the statement of PW 3 Head Constable Swinder Singh, an eye-witness; PW 5 Milkha Singh, the injured prosecution witness; and PW 6 Assistant Sub-Inspector Ram Kishan.