NISHAN SINGH @ SHANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Nishan Singh @ Shana was tried for committing the offences punishable under Sections 307, 307/34 and 323/34 IPC and Section 27 of the Arms Act with the allegations that on 21.1.2000 at about 8.30 a.m., he had fired at Raghbir Singh and caused injuries to him with an intent to murder him and also shared common intention with his co-accused Karnail Singh and Sukhvinder Singh @ Sukha in causing simple injuries to Raghbir Singh and also for using his licenced gun for an unlawful purpose. His co-accused Karnail Singh and Sukhvinder Singh @ Sukha were also charged for committing offences punishable under Sections 307/34 and 323/34 IPC. Vide impugned judgment and order dated 22/25.2.2002, learned Additional Sessions Judge (I), Kaithal while giving benefit of doubt to accused Karnail Singh and Sukhvinder Singh @ Sukha, acquitted them of the charges against them. The appellant was held guilty under Section 307 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year. The period of sentence/detention already undergone by him during investigation and trial was ordered to be set off against the substantive sentence of imprisonment imposed upon him. He was, however, acquitted of the remaining charges.

(2.) Aggrieved of his conviction and sentence, the appellant filed the instant appeal in which he is presently on bail pursuant to order dated 14.5.2002 passed by this Court.

(3.) Briefly stated, the case of the prosecution is that on 21.1.2000 at about 8.30 a.m., complainant-Surinder Singh alongwith Kashmir Singh, Buta Singh and Kasturi Lal was sitting around a bonfire in the cattle shed of Kashmir Singh. At that time, appellant-Nishan Singh and his brothers Sukhvinder Singh and Karnail Singh came there and also sat around the bonfire. There was exchange of hot words between the parties on the issue of stray cow, which was abandoned by Dalip Singh, father-in-law of accused-Karnail Singh about four months earlier. The said cattle was tethered by Hira Singh, who started looking after her. After some time, when Dalip Singh came to know that his cattle was likely to deliver a calf, he went to Hira Singh to take the cow back by asserting that the cow belonged to him. Hira Singh replied that since he had fed the cow, he would return it only after payment of the expenses incurred by him in feeding her. After exchanging hot words, Dalip Singh had left the place. However, there was still exchange of hot words in the village between them.