STATE OF PUNJAB Vs. JAGTAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 3rd December, 1988, rendered by Sh. Iqbal Singh, Additional Sessions Judge, Ferozepore. The appeal arises out of the following facts :-

(2.) NISHAN Singh-PW6 was residing in a Dhani situated in the revenue estate of village Chamba, District Ferozepore. At about 8 p.m., on 2nd November, 1987, Jagtar Singh-the appellant came there in a drunken condition and gave a Lalkara while coming out from the Dhani of Joginder Singh, his nephew. He was, however, asked not to do so and then he went on towards the village on a tractor. At about 9 p.m., the same evening, Jagtar Singh armed with 12 bore single barrel licensed gun, his father-in-law Karnail Singh armed with 12 bore gun and Jarnail Singh, Jaswant Singh, Shabeg Singh and Kulwant Singh, all brothers of Jagtar Singh armed with dangs came to the Dhani of Nishan Singh and started hurling abuses. On hearing the raula he himself, his son Karnail Singh-PW7 and his wife Balwinder Kaur-PW8 came out and stood outside the main gate of the Dhani. Jagtar Singh and Karnail Singh started firing from their guns and the shots hit the three witnesses on various parts of their bodies. On a raula raised by them, all the assailants left with their respective weapons. The injured were, thereafter, removed by Hardip Singh to the Civil Hospital, Makhu, where they were medico legally examined by Dr. Gian Singh-PW1 at about 0-05 a.m. on 3rd November, 1987. The doctor also sent ruqa Ex. PG to the Police Station, Makhu and on receiving the same ASI Cheta Singh PW9 came to the hospital and recorded the statement of Nishan Singh Ex.PQ which formed the basis of the formal First Information Report registered at Police Station, Makhu at 2 a.m. the same night with the special report having been delivered at Zira at 7 a.m. on 3rd November, 1987. The ASI also went to the spot and took into possession two empty cases of fired cartridges from the barseen field of Joginder Singh and two more empty cases of fired cartridges from the kacha path adjoining the canal minor. The investigation was, thereafter, taken up by SI Nachhattar Singh-PW10, who arrested all the accused other than Karnail Singh on 10th November, 1987 who too was arrested on 14th November 1987. The gun Ex.P5 recovered from Jagtar Singh was sent to the Forensic Science Laboratory, for test. At the commencement of the trial, all the accused pleaded their innocence and claimed trial.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused denied the prosecution allegations and pleaded false implication. The trial Court came to the conclusion that it appeared from the medical evidence as also from the fact that no weapon had been recovered from Karnail Singh accused, that his involvement was doubtful; that only one shot had been fired and that too by Jagtar Singh, that only Lalkaras had been attributed to the other accused and, therefore, their presence at the place of incident was suspected. The trial Court also found by relying on the judgment of the Supreme Court reported as Ved Pal v. State of U.P., 1986 SSC (Crl), 131, the offence committed by Jagtar Singh also fell under Section 324 of the Indian Penal Code as there was nothing on record to show as to the distance from which the shot had been fired by him and as the injuries were superficial in nature, it could not be said that there was any intention on his part to cause the death of the three injured. Having held as above, the trial Court convicted Jagtar Singh for an offence under Section 324 of the Indian Penal Code on three counts and sentenced him to undergo imprisonment for one year and to pay a fine of Rs. 100/- and in default thereof to further undergo RI for one month more but acquitted all the other accused.