NAVJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred by accused -appellant Navjeet Singh against the judgment dated 25.08.2003, vide which appellant has been held guilty and convicted for the offence punishable under Section 307 of Indian Penal Code, 1860 (for short 'I.P.C') and the order on the quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1000/ - in default thereof to further undergo imprisonment for a period of one month.

(2.) THE brief facts giving rise to this prosecution are that on 22.02.2002, at 7.45 p.m, complainant -Balkar Singh son of Charan Singh and his nephew -injured Gurjit Singh son of Gurmej Singh were returning to their house from their fields. When they reached near the house (Haveli) of Harbhajan Singh, they found that Harbhajan Singh and his son Navjeet Singh (present appellant) were present in the street. Harbhajan Singh raised 'lalkara' that "Kill him what for he was waiting". At this, appellant Navjeet Singh who was armed with 'Gandassi' gave its blow on the head of Gurjit Singh. Gurjit Singh fell down on the ground. Complainant raised hue and cry and asked the accused not to cause injuries to him. On hearing the alarm, Shamsher Singh son of Boor Singh, resident of village Kotla Bet reached at the spot. On his arrival, the accused -appellant along with the weapons of offence fled away from the spot. After arranging the conveyance, Gurjit Singh was shifted to the hospital. On receipt of the information from the Sobti Neuro and Trauma Centre, Ludhiana, ASI Gurnam Singh reached there and moved the application for seeking the opinion of doctor about the fitness of injured to make the statement. But, injured Gurjit Singh was declared unfit to make the statement by the doctor. Thereafter, complainant Balkar Singh met him and got his statement Ex. PC recorded. On the basis of which, the formal FIR Ex. PC/2 was registered and the investigation was started. On 23.02.2003 itself, ASI Gurnam Singh inspected the spot and prepared the site plan Ex. PD.

(3.) THE case was committed to the Court of Sessions for trial by the learned Judicial Magistrate Ist Class vide order dated 27.03.2002.