BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal was preferred by appellant Balbir Singh, assailing the judgment of conviction and order of sentence dated 06.04.2004 recorded by learned Additional Sessions Judge, Amritsar, in case bearing First Information Report No.139 dated 12.07.2000 under Section 307/309/34 of the Indian Penal Code (for short "I.P.C.") and 25/27 of the Arms Act, 1959 registered at Police Station Mehta.

(2.) The facts relevant, in precise, are that two persons namely Buta Singh son of Mansha Singh, resident of village Sherpur, Tehsil Pathankot, District Gurdaspur and Balbir Singh son of Shangara Singh (appellant) were prosecuted for commission of offence under Section 307/309/34 I.P.C. and Section 25/27 of the Arms Act, 1959 in the case, particulars of which have been mentioned above. Baljit Kaur was the lodger of the said First Information Report. She stated that she alongwith her daughter Sandeep Kaur, a student of 10+2 was living in village Bhalaipur. Balbir Kaur widow of Ishwar Singh was her neighbour and accused Buta Singh and Balbir Singh were residing in her house. On 12.07.2000 at about 7:15 a.m. when Sandeep Kaur was going to her school and she (complainant) was following her, near the house of Joginder Kaur wife of Gurdev Singh, she saw both Buta Singh and Balbir Singh coming from opposite side. Buta Singh was carrying a carbine and Balbir Singh was empty handed. Buta Singh uttered something to her daughter to which she strongly reacted. Feeling enraged, Buta Singh fired upon Sandeep Kaur from the carbine with an intention to kill her. The shot hit in the abdomen of Sandeep Kaur. She (complainant) raised shouts and moved forward to save her daughter Sandeep Kaur. Meantime, Buta Singh shot himself also from the carbine. He too fell on the spot and Balbir Singh fled away.

(3.) The appellant was charge-sheeted under Section 307/34 I.P.C. and sections 25 and 27 of the Arms Act, to which he pleaded not guilty and claimed trial. The prosecution examined PW1 Baljit Kaur, PW2 Sandeep Kaur, PW3 Rishi Ram, Draftsman, PW4 Dr. Niti Rajan, PW5 Dr. Ramesh Chander, PW6 ASI Tarlok Singh, PW7 SI Harpal Singh, PW8 HC Charanjit Singh, PW9 ASI Harnek Singh and PW10 Dr. Gur Iqbal Singh. After closure of evidence of the prosecution, statement of appellant under Section 313 Cr.P.C. was recorded by putting to him the incriminating evidence available on record. He pleaded innocence and contended that he was falsely implicated in this case. In defence, the accused-appellant examined Librarian Darshan Singh, Guru Nanak Dev Hospital, Amritsar as DW1.