AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction and order of sentence dated 10.12.2013, passed by the Sessions Judge, Ludhiana vide which the accused-appellant was convicted under Section 307 IPC and sentenced to undergo RI for 10 years and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo RI for 6 months.

(2.) In brief the case of the prosecution is that Amarjit Kaur is the wife and Mohinder Kaur is the daughter of the accused Ajit Singh. Amarjit Kaur and Mohinder Kaur had been residing in the house having two rooms, situated at New Dashmesh Nagar, Jagraon. Out of the two rooms, one was occupied by the mother and daughter whereas, the other one was occupied by the accused. The accused has also a son, namely, Randhir Singh. Tamanjot Kaur, the daughter of Randhir Singh also resides with her grandmother. Since the relationship between the accused and his wife were strained, the parties had been living separately in the above said manner for several years. The house is in the name of the accused. A petition for divorce was also pending between the parties. The accused had entered into an agreement with somebody for selling the house in question. The wife and daughter of the accused opposed the proposal. They filed a suit for injunction before the Civil Court seeking to restrain the accused from alienating the house in question. Therefore, the accused was annoyed with his wife and daughter. It is further the case of the prosecution that on 14.1.2010 at about 6.00 pm, the electric bulb in the courtyard was on. Amarjit Kaur, Mohinder Kaur and Tamanjot Singh were standing in the courtyard. On seeing them, the accused started abusing them. He then declared that he would teach a lesson to them for having obtained an injunction order against him. Thereafter, he took his .12 bore gun from his room and came out in the courtyard. In order to kill the above said three persons, the accused aimed his gun at them and shot a fire. Due to the same, Mohinder Kaur daughter of the accused received a gunshot injury on her left buttock. She fell down. Tamanjot Kaur raised alarm.

(3.) After complying with the provisions of Section 207 Cr.P.C, the case was committed to the Court of Session. Charge under Section 307 IPC was framed against the accused to which he did not plead guilty and claimed trial.