SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeal No.S-1233-SB of 2000, 'Surjit Singh Vs. State of Punjab' and Criminal Revision No.528 of 2001, 'Balbir Singh Vs. Surjit Singh', involve common questions of fact and law, have arisen from a common judgment/order dated 04.12.2000 passed by learned Additional Sessions Judge, Hoshiarpur, (hereinafter referred to as 'trial Court') in Sessions Case No.133 of 1999, convicting and sentencing appellant-Surjit Singh to rigorous imprisonment for a term of seven years besides payment of fine amounting to Rs.3,000/- and in default of payment of fine to further rigorous imprisonment for six months under Section 307 of the Indian Penal Code, 1860 (for short, 'IPC') and rigorous imprisonment for three years besides payment of fine amounting to Rs.1,000/- and in default of payment of fine to further rigorous imprisonment for a term of three months under Section 27 of the Arms Act, 1959 (for short, 'Arms Act'), and, as such, are proposed to be disposed of by this common judgment being passed in CRA-S-1233-SB of 2000.

(2.) Appellant-Surjit Singh, was arraigned as an accused in First Information Report No.84 dated 20.07.1999 (for short, 'FIR') recorded at Police Station, Mahilpur, under Section 307, IPC, and Section 27, Arms Act. Allegations constituting the FIR are that appellant's brother Balbir Singh had a dispute with the appellant, who was working as an Assistant Sub-Inspector of Police at Ludhiana, concerning agricultural land. On 19.07.1999, at about 02:00 p.m., Balbir Singh and his wife-Gurmej Kaur, on way to their fields, when reached near house of Nasib Chand, appellant met them, and started hurling abuses upon them. Balbir Singh advised the appellant not to use abusive language. Thereupon appellant took out his service pistol, pointed it towards Gurmej Kaur, shouted in a loud voice that they (complainant and his wife) would be taught a lesson for raising the dispute concerning agricultural land, and with an intention to kill her, fired a shot towards Gurmej Kaur. The shot hit abdomen of Gurmej Kaur. Balbir Singh raised an alarm saying 'maar ditta maar ditta' (killed killed), whereupon appellant ran away from the spot but his service pistol fell on the spot. Injured-Gurmej Kaur was taken to Civil Hospital, Mahilpur, wherefrom she was referred to Civil Hospital, Hoshiarpur, and thence to Christian Medical College and Hospital, Ludhiana, (commonly known as CMC).

(3.) On having come to know of admission of Gurmej Kaur in the hospital, ASI Jaswinder Singh of Police Post, Dasuya (Investigating Officer), went to Civil Hospital, Hoshiarpur and from there he came to know that injured-Gurmej Kaur had been referred to Dayanand Medical College and Hospital, Ludhiana. He, accordingly, reached that hospital but it then transpired that the injured-Gurmej Kaur had, in fact, been admitted in CMC, Ludhiana. Investigating Officer reached that hospital, and made an application, Exhibit PO, whereupon doctor declared injured-Gurmej Kaur unfit to make statement vide his opinion, Exhibit PP. However, he came across Balbir Singh, who made statement, Exhibit PL, narrating the entire sequence of events before him. On the statement, Exhibit PL, Investigating Officer made his endorsement, Exhibit PL/1, and based thereupon a formal First Information Report, Exhibit PQ, was recorded.