NAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant appeal is directed against the judgment dated 2.4.2003 and order of sentence dated 5.4.2003 passed by the learned Sessions Judge, Bhiwani whereby the appellant stands convicted for offences under Sections 307,323 of the Indian Penal Code and under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years and pay a fine of Rs.500/ - and, in default thereof, to further undergo rigorous imprisonment for three months under Section 307 of the Indian Penal Code, to undergo imprisonment for six months and to pay a fine of Rs.200/ - and in default thereof, to undergo further rigorous imprisonment for one month under Section 323 of the Indian Penal Code and has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.300/ - and in default thereof, to undergo further rigorous imprisonment for two months under Section 27 of the Arms Act. All the substantive sentences were directed to run concurrently.

(2.) BRIEF facts which would emanate from the record that appellant/accused Nar Singh faced trial for offences under Sections 307 and 323 of the Indian Penal Code as also under Section 27 of the Arms Act on the charge that on 14.11.1999 in the area of village Devsar, he caused injury to Madan Singh complainant having fired upon him from his licensed gun with an intention to cause hurt and if by such act, he had caused the death of Madan Singh, he would have been guilty of murder. Prosecution version, in brief, was that complainant Madan Singh, aged 26 years and running a Chemist shop in village Devsar had come out of his house for a stroll at about 8.40 p.m. on 14.11.1999. When he reached the vacant plot of accused Nar Singh, he was fired upon by Nar Singh with a double barrel gun and the complainant was hit with a pallet on his left flank. The complainant is stated to have scuffled with the appellant and caught hold of the gun and in such scuffle, the butt of the gun was broken. The accused/appellant is stated to have left the broken gun at the spot and had run away. FIR was lodged on the basis of the statement, Exhibit PA, of the complainant recorded by Head Constable Mohinder Singh. During course of investigation, accused Nar Singh was arrested on 24.11.1999 who, in turn, produced armed licence and which was taken into possession. Nar Singh was charge sheeted on 10.4.2000 for offences under Sections 307 and 323 of the Indian Penal Code and also under Section 27 of the Arms Act to which he pleaded not guilty and claimed trial. The prosecution examined as many as 12 witnesses. It is upon due appreciation of evidence adduced on record that the appellant has been convicted by the Sessions Judge, Bhiwani under Sections 307 and 323 of the Indian Penal Code and under Section 27 of the Arms Act.

(3.) LEARNED counsel appearing for the appellant has acknowledged that in the light of the cogent and convincing evidence adduced on record, he would not be in a position to assail the conviction of the appellant. Learned counsel would, however, submit that the appellant/convict is a first time offender and, accordingly, prays for the release and grant of benefit of probation under the provisions of the Probation of Offenders Act. The instant appeal was admitted on 10.4.2003 and vide order dated 4.12.2003 passed by this Court, the sentence of the appellant had been suspended during pendency of the appeal taking notice of the fact that he had already undergone more than two years of sentence out of the substantive sentence of three years.