MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 19.05.2004 passed by Additional Session Judge, Fast Track Court, Ferozepur, whereby the appellant was convicted and sentenced for the offences punishable under Sections 384 and 511 of the Indian Penal Code (IPC for short) directing that he would undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default of which the period of imprisonment would be extended by three months.

(2.) The prosecution story, put briefly, was that on 20.11.1999 at about 08:30 AM, complainant Rajinder Kumar alongwith his brother Suraj Parkash was present in the grocery shop run by them in Ferozepur City, when the appellant alongwith one Palla Singh went there and asked for 5 Kg. of sugar. Suraj Parkash weighed the sugar and placed it on the counter. Suddenly, Palla Singh wielded a pistol and directed the complainant and his brother to handover everything from the safe to them and remarked that they had a letter of Babbar Khalsa. Rajinder Kumar picked up a brick for self defence, upon which both the persons started running towards Bansi Gate. The complainant and his brother chased them. Palla Singh fired a shot in the air, which deterred them for sometime. The appellant and Palla Singh again went on the run and were chased to some distance. The complainant was able to overpower the appellant, who was under the influence of liquor, and the latter called out to his accomplice to fire from the pistol, at which Palla Singh fired a shot towards the complainant. The complainant was, however, not hit but he released the appellant out of fear.

(3.) Both the appellant and his accomplice ran towards Heera Mandi. Again the complainant caught hold the appellant while Palla Singh fired another shot. The complainant said that he would not release the appellant even if it caused him his life. Many people gathered there. Palla Singh ran away and Manjit Singh appellant was produced before the police.