AMARJIT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant Amarjit Singh against the judgment and order of sentence dated 12.12.2001 passed by the Court of learned Additional Sessions Judge, Ferozepur vide which the appellant who was accused before the learned trial Court has been held guilty for the offences under Sections 279/337/338 of Indian Penal Code (hereinafter referred to as IPC) in case bearing FIR No. 68 dated 23.8.1995, Police Station Cantt. Ferozepur and convicted thereunder, whereas he and his other four co -accused were acquitted for the offences punishable under Sections 148, 307, 325, 323 read with Section 149, IPC in this case vide the impugned judgment.

(2.) THE case of the prosecution before the learned trial Court, in brief was that on 22.8.1995 MLRs of injured Kashmir Singh and Mahabir Singh were received at Police Station Cantt. Ferozepur from Civil Hospital Ferozepur. Thereupon, ASI Jugraj Singh along with Constable Chhinderpal Singh went to the said hospital for recording the statements of injured. He sought the opinion of the doctor for this purpose who declared them unfit to make their statements. On 23.8.1995 the said police officer along with other police officials again went to the said hospital and sought the opinion of the doctor for recording the statements of injured, who declared them fit to make their statements. Then he recorded the statement of injured Mahabir Singh, the gist of which is as under: -

(3.) FINDING a prima -facie case under Sections 148, 307, 325, 323 read with Section 149, IPC, against all the accused, they were charge -sheeted accordingly, to which, they pleaded not guilty and claimed trial.