GURDEEP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Instant revision has been filed with a prayer for modification of impugned judgment dated 30.03.2015 and enhancement of sentence awarded to respondent Nos.2 to 5.

(2.) Brief facts of the case are to the effect that injured-Gurdeep Singh got recorded his statement to the effect that he is resident of village Nasirpur, Police Station Sultanpur Lodhi and doing service is police department in District Kapurthala. A dispute between Amar Kaur, Paramjit Kaur on one side and Surinder Singh etc. on the other was earlier going on. A case is also pending in this regard. Manjit Kaur, wife of Surinder Singh and her sister-in-law Neetu wife of Sonu i.e. accused gave bad names to his above said sisters-in-law. The complainant had gone ahead to stop them. In the meantime, one car bearing No.PB-09K-5656 which was being driven by Harpreet Singh son of Surinder Singh came and stopped near them. Then, at once, Surinder Singh raised lalkara that complainant (Gurdeep Singh) be taught a lesson for picking up daily quarrel with them. Then one Manni, relative of Harpreet Singh handed over pistol to Harpreet Singh. Harpreet Singh with intention to kill fired from said pistol towards complainant, as complainant at once turned towards right side and the shot fired from the pistol hit on his left arm near the shoulder and further hitting left side of stomach of the complainant and passed out from near his chest. The complainant fell on the ground. His wife Rani came at the spot. Then, Surinder Singh had taken out dattar from the car and made a blow towards sister-in-law (Bharjai) of complainant namely Paramjit Kaur which hit her on the head. Manni had taken out rod from car and made a blow on the head of his sister-in-law. In the meantime, Sodhi son of Ranjit Singh, r/o Nasirpur came at the spot. He picked up a piece of brick and threw it towards sister-in-law of the complainant namely Amar Kaur which hit her on right shoulder. Surinder Singh made another blow by his weapon i.e. dattar on Amar Kaur which hit her on left arm near shoulder. Manjit Kaur picked up piece of brick (Rora) and threw it towards Rani wife of the complainant which hit her on right side shoulder. Neetu also threw piece of brick towards Rani which hit her on right side. Then, the accused ran way from the place of occurrence alongwith their weapons and their car. Mohinder Singh, brother of the complainant came at the spot. He made the arrangement of the vehicle and got admitted the injured at Civil Hospital, Kapurthala where doctor conducted their medical examination and provided first aid. The dispute/litigation was going between them and Surinder Singh. Due to above said grudge, accused caused injuries on the person of the complainant and others. On the basis of aforesaid statement, FIR was registered against the accused persons. The accused were arrested. After completion of investigation, challan against the accused persons was filed.

(3.) On finding, prima facie case, the accused were chargesheeted under Sections 307/323/325/34 of the Indian Penal Code (in short, 'IPC') to which they pleaded not guilty and claimed trial. To prove its case, the prosecution examined complainantinjured Gurdeep Singh as PW 1, injured-Amar Kaur as PW 2, injuredRani as PW 3, injured-Paramjit Kaur as PW 4, Sukhwinder Singh as PW 5, Head Constable Sukhdev Singh as PW 6, Inspector Narinder Singh as PW 7, Dr. Rupinder Kaur, Medical Officer as PW 8, Dr. Narinder Singh, Medical Officer as PW 9. Thereafter, learned APP for State closed the prosecution evidence.