ACHHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Achhar Singh appellant has by way of this appeal challenged the order of the Additional Sessions Judge Barnala dated 26th August, 1983, convicting and sentencing him to rigorous imprisonment for two years and a fine of Rs. 200, in default further rigorous imprisonment for two months, under Section 307 of the Indian Penal Code. Two co-accused of the appellant, namely, Gurdev Singh and Bant Singh were given the benefit of doubt by the learned trial Judge and acquitted.

(2.) Pritam Singh injured P.W. 2 jointly owned land with his cousin Bachan Singh. A year and a half before the present occurrence Bachan Singh died. Bachan Singh did not leave behind any issue or widow. His share of the lane was cultivated after his death by Pritam Singh P.W. Charan Kaur daughter of Bant Singh co-accused of the appellant and one Gurmel Kaur daughter-in-law of Dalip Singh were claiming title to the land of Bachan Singh aforesaid on the basis of some will. There was civil litigation pending between the parties. About 11/2 months prior to the present occurrence Bhura Singh brother of Pritam Singh received some injuries, for which Gurdev Singh, Bant Singh co-accused of the appellant and one Jagga Singh brother of the appellant were being prosecuted.

(3.) On 4th February, 1982, at about 8.30 pm. Pritam Singh injured, his brother Bhura Singh P.W. not examined) and Shrimati Dalip Kaur P.W. wife of Bhura Singh were present in the house of Bhura Singh. Pritam Singh went in the compound to urinate when he noted the appellant and his two co-accused standing on the roof of the house. It was a moonlit night. He called Bhura Singh and his wife Dalip Kaur. The co-accused of the appellant exhorted him to fire at Pritam Singh. Achhar Singh fired a shot from his gun hitting Pritam Singh on various parts of his body. The appellant and his co-accused left the place after jumping from the back side of the house. Bahadur Singh P.W. (given UP) also came in the house of Pritam Singh. Pritam Singh was removed by Dalip Kaur in a jeep to Civil Hospital, Barnala, where he was medically examined by Dr. Vljay Kumar Sobat P.W. 1 on 5th February, 1982, at about 0.10 a.m. He found the following injuries: 1. Lacerated wound 0.5 cm x 0.25 cm X skin deep with upper margins grazed, 3 cm below the knee joint on the front of right leg. Slight oozing was present. One pellet was removed from the lower part of the wound. 2. Lacerated wound 0.5 cm X 0.25 cm x skin deep on the lateral side of right knee joint, 8 cm above and laterally from injury No. 1 Slight oozing was present and the upper margins were grazed. 3. Three lacerated wound 0,5 cm X 0.25 cm X skin deep each on the front ofright thigh in the middle in an area of 5 cm X 2 cm. Slight oozing was present. Upper margins were grazed. 1 pellet was removed fro m one of the wounds. Lacerated wound 0.5 cm x 0.25 cm x skin deep on the front of right thigh 7 cm above injury No. 3. Slight oozing was present. Upper margins were grazed. Three lacerated wound 0.5 cm X 0.25 cm X skin deep each in an area of 10 cm X 6 cm on the upper part of right thigh near the anterior iliac spine. Upper margins were grazed. Slight oozing was present. Lacerated wound 0.5 cm x 0.25 cm x skin deep on the front of abdomen 2 cm below and to the right side of umbilicus. Upper murgins were grazed. Slight oozing was present. Lacerated wound 0.5 cm x 0.25 cm x skin deep on the front of the right side of abdomen, 3.5 cm below the costal margin. Upper margins were grazed. Slight oozing was present. Lacerated wound 0.5 cm x 0.25 cm x skin deep on the dorsum of right hand in between thumb and index finger. Slight oozing was present. Lacerated wound 0.5 x 0.25 cm x skin deep on the palmer surface of right hand in the upper part. According to the doctor, all the injuries were simple in nature and were caused with a firearm within six hours. On receipt of ruqa Exhibit PB from the doctor, Assistant Sub-Inspector Makhan Singh reached the Barnala hospital on 5th February, 82, at 1.35 a.m. On inquiry from the doctor he was informed that Pritam Singh was not in a fit condition to make a statement. Pritam Singh was declared fit to make a statement at 7 a.m. on the morning of 5th February, 82. His statement Exhibit PE was recorded by Assistant Sub-Inspector Makhan Singh. On the basis of the same formal first information report Exhibit PEf2 was recorded at Police Station, Dhanaula. Assistant Sub- Inspector Makhan Singh. visited the spot, prepared site-plan Exhibit PK and took into possession 5 card boards and 70 pellets vide memo Exhibit PL. However, after investigation the police did not challan the appellant and his co-accused but submitted a report for cancellation of the case. However, Pritam Singh filed a complaint, Exhibit PF, on 24th March, 1982. On the basis of the same the appellant and his co-accused were summoned and committed for trial to the Court of Sessions.