SURJAN SINGH Vs. SURAJ PAL

JUDGEMENT

(1.) This revision petition is directed against the judgment dated May 15,1986 passed by the Additional Sessions Judge, Gurgaon by which respondent was acquitted under Section 307 of the Indian Penal Code but was convicted under Section 338 of the Indian Penal Code. Respondent was also convicted under Section 337, Indian Penal Code. Respondent was granted benefit of Probation of Offenders Act and he was released on probation on his furnishing personal bonds in the sum of Rs.5000/- with one surety in the like amount for a period of one year. He was further directed to pay a sum of Rs.1500/- as compensation to the petitioner and a sum of Rs.250/- as compensation to Prem injured.

(2.) The prosecution story, in brief, is that on August 18, 1985 at about 6.45/7.00 p.m. Arjun Singh resident of village Teekli was present on Chahutra in front of his house and at that time Surian Singh, petitioner, Suraj Pal, accused-respondent, and members of his family, Mange Ram, Daya Nand and Raghbir Singh were also present and they had gathered on that evening because Suraj Pal respondent was alleged to have reprimanded his daughter Nirmala Devi and on that account she was alleged to have left her house. The aforementioned persons had gathered on that evening in order to discuss the ways and means to search the missing girl. In the meanwhile Suraj Pal, respondent, who was under the influence of liquor, and who was armed with his, 12 bore gun, stood by the side of Surjan and Mange etc. and fired a shot from his gun, hitting on the right knee and thigh of Surjan Singh and the pellets also hit Prem son of Arjun Singh, who was also standing there by-chance. As per prosecution case, the respondent threw his gun and ran away. Both, Surjan Singh and Prem were rushed to Civil Hospital, Gurgaon, where they were medically examined. Prem was discharged from the hospital after medical aid and medico-legal examination while Surjan Singh was admitted in his hospital. Arjun Singh, thereafter left for the police station to lodge a report but on the way ASI Gulshan Rai met him at Badshahpur and he recorded the statement of Arjun Singh at 10.30 P.M. on that day, and sent the same to police station Sadar Gurgaon for registration of a case on the basis of which, formal F.I.R. was recorded.

(3.) The prosecution in support of its case examined as many as nine witnesses. Dr. (Ms.) N.L. Singh, P.W. 1 medico-legally examined Surjan Singh and Prem, both injured and found two and one injuries respectively on their persons. She also took into possession the PAJAMA, which Surjan Singh was wearing at that time and also removed some foreign body from the person of Surjan singh and handed them over to police. Dr. D. Prashar, P.W. 2, who radiologically examined Surjan Singh, found fracture of his shaft lower part right femur with multiple rounded and irregular radioopaque shadows. He also testified his report, Ex. P.C. given in this behalf. The statement of S.1. Nafe Singh, P.W. 3 is of formal nature because according to him on receipt of PUNJAB Page 3 of 4 Ruqa Ex. PD, he made his endorsement, Ex. PD/i thereon and recorded formal F.I.R. Ex. PD! 2 and also deposed that he prepared final report under Section 173 Cr.P.C. So far as Manohar Lal P.W. 4 is concerned, he has deposed that he produced a 12 bore gun and a bandoleer containing 14 cartridges before the police at the spot and in addition, one empty cartridge lying on the ground was also produced by him before the police and the police took all these articles into possession. He also testified that blood-stained earth was also lifted by the police and after making into sealed parcel, it was taken into possession. Sat Narain, Draftsman P.W. 8 was produced by the prosecution to prove the scaled plan, Ex. PK prepared by him while A.S.I. Gulshan Rai, P.W. 9 is the investigating officer of this cases. He has deposed that Arjun Singh made statement before him which was Ex. PD and according to him, he forwarded the same to the police station for registration of a case. He also testified having lifted blood stained earth from the spot and added that Manohar Lal, produced the gun and one cartridge and a bandoleer containing 14 cartridges and they were taken into possession. The testimony of Surjan Singh P.W. 5, Arjun Singh P.W. 6 and that of Mange Ram P.W. 7 being of importance, shall be discussed in the coming paragraphs of this judgment.