BALDEV SINGH & ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Baldev Singh and Sukhdev Singh @ Paramjit Singh have challenged the conviction and sentence passed by the trial Court.

(2.) Pw11 Gurbax Singh and PW12 Bhupinder Singh son of Gurbax Singh deposed that on 3.11.2006 at about 7.00 p.m., PW11 was lying on a cot in the field and PW12 also was there to organize fodder for the cattle. Accused Baldev Singh and Sukhdev Singh @ Paramjit Singh reached there on a motorcycle. Accused Sukhdev Singh @ Paramjit Singh was driving the motorcycle and accused Baldev Singh who was armed with a double barrel gun was the pillion rider. They raised lalkara that PW11 and PW12 should be taught a lesson for getting the measurement of water course and pathway conducted. Accused Sukhdev Singh asked accused Baldev Singh to open fire. Thereupon, accused Baldev Singh opened fire at a distance of about 10 feet and as a result of which, PW11 sustained firearm injury on his left arm. It is deposed by PW11 Gurbax Singh that accused Baldev Singh opened fire with an intention to kill him. After receiving the firearm injury, PW11 fell down and became unconscious. PW12 who witnessed the occurrence took his father PW11 to the hospital for treatment.

(3.) Pw8 Dr.Ranbir Singh deposed that injured Gurbax Singh was admitted in hospital on 3.11.2006 at about 9.05 p.m. with the history of firearm injury. He noticed that the wound was of the size measuring 7.5cms x 4 cms. on the left forearm. He referred Gurbax Singh to General Hospital, Sirsa for further treatment. He has given an opinion that the injury found on the person of Gurbax Singh was grievous in nature and the same was caused by a firearm.