JOGINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by Joginder Singh against the judgment and order dated 23.05.2011 passed by the learned Additional Sessions Judge, Ferozepur, whereby respondents No. 2 to 6 have been acquitted of the offences punishable under Sections 307, 452, 148, 149 of the Indian Penal Code ('IPC' for short); besides, Section 27 of the Arms Act, 1959. Along with the appeal, criminal miscellaneous application No. 14306 of 2014 has been filed seeking condonation of delay of 962 days in filing the appeal.

(2.) Fir in the case has been registered on the statement of Joginder Singh, who stated that he was resident of village Sappan Wali, Tehsil and District Ferozepur. He had three sons and his fields fell along the road of Kabal Wala in the revenue estate of village Bhangar. Adjoining his fields, there is the field of Baldev Singh (respondent No. 2) resident of Sappan Wali. A watercourse was in existence for the last nineteen years, which adjoined village Bhangar. About a year earlier to the date of incident i.e. 23.05.2007, Baldev Singh (respondent No. 2) etc. had ploughed the said watercourse adjoining their field. At that time, the complainant submitted applications to the department but due to Congress government no action was taken on his applications. He was facing difficulty in irrigating his fields, therefore, with the help of respectable persons, he approached Baldev Singh (respondent No. 2) to re-construct the watercourse. On the day of incident, i.e. 23.05.2007, the complainant along with his sons Jaspal Singh (PW2) and Jaswinder Singh (PW5) was present in his fields. They saw that Baldev Singh (respondent No. 2) along with some other persons was coming towards their fields on a Maruti Car and Ford 3610 Tractor.

(3.) The complainant Joginder Singh apprehending danger in his mind along with his sons Jaspal Singh (PW-2) and Jaswinder Singh (PW-5) came to his house. Then he along with his sons Jaspal Singh (PW2) went to the 'chaubara' while his son Jaswinder Singh (PW5) was in the courtyard. It was about 02:30 p.m. and in the meantime, Jaspal Singh (respondent No. 6) son of Baldev Singh (respondent No. 2) and maternal grandson of Baldev Singh along with three unidentified persons were coming to their house in a Maruti Car bearing No. HR-29H-7956 and behind them Gurcharan Singh (respondent No. 4) was driving the Ford 3610 Tractor. Baldev Singh (respondent No. 2) armed with a 12 bore gun and Jaswinder Singh (respondent No. 5) armed with a 'sota' were coming on the Tractor. The complainant informed his son Jaswinder Singh (PW5) that Baldev Singh (respondent No. 2) etc. had entered their house on a Maruti Car and a tractor. Baldev Singh (respondent No. 2) was armed with a 12 bore gun, Gurcharan Singh (respondent No. 4) was armed with a 'dang' and Jaswinder Singh (respondent No. 5) was armed with a 'sela'. Gurcharan Singh (respondent No. 4) raised a 'lalkara' that the complainant side be taught a lesson for making the watercourse. The son of the complainant was on the staircase. Baldev Singh (respondent No.2) fired a shot from his 12 bore gun towards Jaswinder Singh (PW5) with the intention to kill him but his son saved himself by lying down on the roof of the room. The occurrence was witnessed by Jaswinder Singh (PW-5) and Parwinder Singh son of Iqbal Singh, who were on the roof for seeing the water tank. The statement of the complainant was recorded by ASI Sukhminder Singh who along with HC Kulbir Singh, HC Darshan Singh and Constable Sukhwinder Singh were on patrol duty and were present on the triangular road of village Sappan Wali where the complainant had met them. The statement was read over and explained to the complainant. He signed the same after admitting it to be correct. On the basis of the statement of the complainant, FIR was registered.