STATE OF PUNJAB Vs. GURNETAR SINGH

JUDGEMENT

(1.) STATE of Punjab has filed present appeal seeking conviction of sole respondent Gurnater Singh, who was tried for the offences under Sections 307, 308 and 450 of Indian Penal Code read with Section 27 of the Arms Act and has since been acquitted by learned Additional Sessions Judge Sangrur vide order dated 30.3.1999. He was tried for an offence under Section 307 of Indian Penal Code for causing injury with gun shot to Sukhbir Singh, PW-3, under Section 308 of Indian Penal Code for causing injury by wooden rafter to Mohinder Kaur, PW-4, mother of Sukhbir Singh, and under Section 450 of Indian Penal Code for trespassing into the dwelling unit of the injured and under Section 27 of the Arms Act for using the gun of Sukhbir Singh, PW-3, for causing him injury.

(2.) OCCURRENCE leading to the injuries to Sukhbir Singh and Mohinder Kaur, as per prosecution version, had taken place on the intervening night of 27/28.7.1997 at 1.30 AM. FIR with regard to the incident came to be recorded on the statement, Ex. PC, made by Sukhbir Singh, PW-3, which was recorded at Civil Hospital, Sangrur, by ASI Gurdeep Singh, PW-8. On the basis of statement made by Sukhbir Singh, formal FIR, Ex.PC/II, came into being at 5.15 AM on 28.7.1997.

(3.) THE prosecution during the course of trial, examined Dr. Parbhat Kumar, Medical Officer, as PW-5, who stated that on 28.7.1997 to 2.30 AM, he had examined Sukhbir Singh and found the following injuries on his person :-