PAWANDEEP SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ABOVE two appeals have been filed by the appellants against the judgment of conviction dated 31.10.2003 and order of sentence dated 05.11.2003, passed by learned Addl. Sessions Judge (Fast Track Court), Kapurthala whereby the accused -appellant Pawandeep Singh was convicted under Section 307 IPC whereas accused -appellant Lakhbir Singh was convicted under Section 307/34 IPC and sentenced both of them to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. Both the appellants were also held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 500/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months under Section 25 of the Arms Act.

(2.) THE brief facts of the prosecution case are that on 03.07.2001, SHO Kuljinder Singh, Police Station Subhanpur received a wireless message that after committing robbery at Bharat Gas Agency, Kanjli Road, Kapurthala, some sikh and clean shaven boys have fled away. They have one bullet motorcycle and one Bajaj Chetak scooter. On receiving the message, SI/SHO Kuljinder Singh after joining Ura Singh, Member Panchayat, laid the naka. At about, 1.20 P.M., one scooter without number came from the side of Subhanpur, on which two persons were travelling. On seeing the police party, they turned their scooter towards Kapurthala and accelerated the scooter at high speed. The police party also chased them. When the police reached near them, both the accused started running towards the bushes after throwing away their scooter. Thereafter, sikh youth took out the revolver from his dub and fired at the police party with intention to murder them. In defence, ASI Balwinder Singh also fired from his service revolver. Again, the sikh youth fired upon police party with same intention. The police party also fired from S.L.R. in their defence. Sikh youth received a shot on his left leg and fell down on the ground and was apprehended by the police. That sikh youth disclosed his name as Pawandeep Singh. On search,.32 bore loaded revolver and four live cartridges were recovered from his possession and the same was taken into police possession. The sketch of the revolver was also prepared. The second clean shaven youth hid himself in the bushes. On further search of accused Pawandeep Singh, Rs. 10,000/ - were recovered and the same were taken into possession. The second clean shaven youth was arrested by ASI Balwinder Singh and he disclosed his identity as Lakhbir Singh. On his personal search, one spring actuated knife was recovered and the same was taken into police possession. After necessary investigation, challan was presented against accused -appellants.

(3.) IN support of its case, prosecution examined PW -1 Dinesh Kumar, who was working as Manager in Dada Motor, Jalandhar. He deposed that he sold the scooter Bajaj Chetak bearing Engine No. CDEBHC75901 and Chasis No. 06CBHC04095 and proved the sale letter. PW -2 SI Kuljinder Singh deposed as per prosecution version. PW -3 ASI Balwinder Singh, who arrested accused Lakhbir Singh and was with the police party, also deposed as per prosecution version. PW -4 Parveen Kumar, Reader to SDM mainly deposed regarding sanction to prosecute the accused Pawandeep. PW -5 Constable Harjinder Singh mainly deposed regarding delivering of Special report to Illaqa Magistrate. PW -6 Dr. Narinder Singh, Medical Officer medico legally examined Pawandeep Singh on 03.07.2001 and found following injuries: - -