GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HAVING been convicted and sentenced to undergo various terms of imprisonment and to pay various amounts of fine under Sections 307 and 307/34 of the Indian Penal Code (for short, IPC) and Sections 27, 25 and 30 of the Arms Act, 1959 (for short, Arms Act), by the Court of learned Additional Sessions Judge, Bathinda vide judgment of conviction dated October 03, 2002 and order of sentence dated October 04, 2002, in Sessions Case No. 43 of 1995/RT No. 09 of 1996/RT No. 38 of 2000, the convicts have brought the instant appeal to seek, upsetting of the aforesaid judgment of conviction and order of sentence and their acquittal of the charges of which they have been charged and convicted/settlement.

(2.) FACT situation involved in the matter indicates that PW Sukhdev Singh, a practising Advocate, had leased a portion of his land to Mela Singh and Tota Singh of village Jandawala and was himself cultivating the remaining portion of it. March 23, 1995 being his turn for irrigating his fields, he, in the company of Mela Singh and Tota singh reached the fields on that day and started preparing the culvert. At or around 10.30/10.45 a.m. Gurdeep Singh, Balwinder Singh, and Jit Singh armed with .12 DBBL guns and Pala Singh and Pala Singh (aka Jaspal Singh) armed with "Gandasa", descended on the scene. Pala Singh exhorted saying that the complainant party be not allowed to escape. Upon this Gurdeep Singh from his licenced gun at Sukhdev Singh, Mela Singh and Tota Singh. Sukhdev Singh received injuries on his left armpit and right arm. Shot fired by Balwinder Singh hit back of Mela Singh neck, left arm, shoulder and left wrist, while fleeing. Jit singh then fired upon all the three of them with an intention to kill them. Owing to the distance and kind of weapon the shot crossed from over the head. All the three of them ran away and were admitted in Guru Gobind Singh Medical College and Hospital, Faridkot.

(3.) DOCTOR attending on the injured sent an intimation (Ruqa) to Police Station Kotwali, Faridkot from where it was sent to Police Station Sadiq whereupon ASI Joginder Singh (Investigating Officer) accompanied by his fellow police officials went to the hospital and after obtaining opinion of the doctor about fitness of the injured to make a statement, recorded statement of injured PW Sukhdev Singh and based thereupon a formal First Information Report (FIR) came to be recorded.