KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Karamjit Singh appellant has come up in appeal against his conviction under section 324 read with section 34 of the Indian Penal Code recorded by the Additional Sessions Judge, Ferozepore, vide his order dated 29th October, 1983. The le;uned trial Judge released the appellant on probation instead of committing him to jail since he was a young man of 21 years of age and a college student. Another co-accused of the appellant, Dhira Singh who was also convicted and dealt with under the Probation of Offenders Act, did not choose to file any appeal against his conviction. Five other co-accused of the appellant, namely, Major Singh, Mukhtiar Singh, Beant Singh, Gurcharan Singh and Brij Mohan .were given the benefit of doubt and acquitted of the charge by the trial Judge.

(2.) As per the prosecution version, in the year 1981 when Janak Raj PW and the appellant were both students of M.R. College, Fazilka, they supported the rival candidates in the college union elections. Karamjit Singh appellant was, however, rusticated from the college and he joined R.S.D. College, Ferozepore. On 14th November, 1982, a youth festival was being held at M.R. College, Fazilka. In that festival a number of teams from various colleges participated. The appellant .was a member of a team of R S.D. College, Ferozepore, which also participated in the festival. At about 3.30 p.m. on that day Janak Raj PW and Madan Gopal PW were going out of the pandal after witnessing a bhangra performance. The appellants and his co-accused Ohira Singh came there. The appellant was holding a pistol while his co-accused Dhira Singh was holding a kiroh. Five other boys were also accompanying them whose names were not known either to Janak Raj or to Madan Gopal. The appellant is alleged to have raised a lalkara and tired a shot from his pistol at Janak Raj but fortlinately it did not hit him. Dhira Singh co-accused of the appellant gave a- kiroh blow on the left-hand palm of Janak Raj Constable Gian Chand PW who was on duty nearby tried to intervene and was given a blow on the left hand by Ohira Singh. The appellant and his co-accused left the place of occurrence on a motorbike.

(3.) Dr. S.N. Mittal PW 1 medically examined Janak Raj and Gian Chand PW5 on 14th November-, 1982, and found two injuries on the person of Janak Raj which were caused with a sharp edged weapon and were simple in nature. Similarly, he found one injury on the left thumb of Constable Gain Chand which was skin-deep and was caused with a sharp-edged weapon.