KAHAN SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Kahan Singh and Pargat Singh sons of Bhajan Singh have filed this appeal impugning the judgment dated 04.06.2003 passed by Addl. Sessions Judge, Fast Tract Court, Sangrur, vide which appellant Kahan Singh was convicted under Section 307 IPC and also under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for nine months. He was also sentenced to undergo rigorous imprisonment for 9 months under Section 27 of the Arms and and both the sentences were ordered to run concurrently, whereas the appellant Pargat Singh was convicted under Section 307 IPC with the aid of Section 34 IPC and was also sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for 9 months.

(2.) Briefly the prosecution story is that the complainant Jagdev Singh, who is also the injured, had two brothers, namely, Beant Singh and Baljinder Singh. They owned 41/2 acres of land in village Sayal, out of which 21/2 acres of land was mortgaged with Kahan Singh while the remaining land was in their possession. The complainant had sown wheat crop in the land which was in their possession. On 9.12.1997 at about 2:00 p.m. when Jagdev Singh along with his brother Beant Singh was putting fertilizers in the wheat crop, accused Kahan Singh, armed with gun and Pargat Singh armed with a soti came to the fields and accused Pargat Singh gave a lalkara that Jagdev Singh should not be allowed to go alive and be taught a lesson for getting a sale deed registered in favour of some other persons. On hearing the lalkara, accused Kahan Singh fired a shot from his gun towards Jagdev Singh and the bullets hit on his shoulder of left upper arm and he fell down. Beant Singh, who was the brother of Jagdev Singh, raised alarm, upon which both the accused ran away from the spot along with their weapons. Jagdev Singh was taken to Civil Hospital, Sangrur where he was treated for the gun shot injuries received by him. The motive of the offence was that a civil suit was pending regarding the mortgaged land and remaining 2 acres of land between the complainant and both the accused and criminal proceedings under Sections 107, 151 Cr.P.C. were also pending.

(3.) The prosecution examined 14 witnesses in all. Jagdev Singh, complainant appeared as PW-2, who narrated the entire sequence of events and he categorically stated that accused Pargat Singh raised a lalkara whereas gun shot injury was caused by accused Kahan Singh. On the basis of the statement of the complainant, injured-eye witness, which was corroborated by the statement of Dr. Balwinder Singh, PW-8, the trial Court convicted both the accused as mentioned in the opening paragraphs of this judgment.