SHAMSHAD KHAN @ SADHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution was launched under Sections 307, 324,452,34 of the Indian Penal Code (for short, 'the Act') and Section 25 of the Arms Act against the appellants.

(2.) THE facts, in nutshell, are that on 10.3.2001, a medico legal report was received from Civil Hospital, Malerkotla regarding admission of Shokat Ali, upon which, ASI Gurmeet Singh along with the police party reached there and obtained opinion of the doctor in writing. However, Shokat Ali (injured) was declared unfit to make the statement. Liakat Ali, eye witness, met the police party who recorded the statement to the effect that they are three brothers and residing together in the village Binjoki Kalan. His elder brother -Shokat Ali (injured) is running grocery shop, whereas, younger brother -Aslam is doing the labour work. Their parents were alive. On the fateful day, at 10.00 a.m., he was standing near the mosque of the village. A white colour maruti car No.PB -12C/0290 came from the side of phirni of the village and stopped in the chowk near mosque. He already knew Gama Khan, Sadha, Saudagar Khan and Sukhdev who came out from that car. The aforesaid appellants went towards his home. After some time he heard a noise of fire shot. Immediately, he proceeded towards his home and saw that the aforesaid appellants were running out from the shop of Shokat Ali. On reaching the shop, Shokat Ali narrated woeful tale to him that Sadha, who was armed with .12 bore pistol and Gago, who was armed with knife, had caused injuries by firing and with the blows of knife. After causing injuries, all the appellants fled away from the spot. The motive for causing injuries to his brother Shokat Ali was that he solemnized the Court marriage with Sajia Parveen about two years ago.

(3.) HOWEVER , relatives of Sajia Parveen, after exerting pressure upon her, got her statement recorded in the Court and took her back to their home and she was residing with her maternal uncles Pokar and Roshan Khan, residents of Dhuri. That being the situation, the appellants were feeling insulted and nursing grudge against his brother Shokat Ali and with their common intention, caused injuries to Shokat Ali. The entire incident was witnessed by his aunt Ms.Latifan, who was residing nearby that place. Shokat Ali was hospitalized by Ranjit Singh. On the basis of statement of Liakat Ali, formal FIR was registered. Investigation was commenced. Challan was presented.