SATKEWAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 18.9.2003 passed by Additional Sessions Judge, Amritsar, vide which the appellant was held guilty and convicted for the offences punishable under Section 307 IPC and under Section 27 of the Arms Act and the order of sentence of even date vide which the appellant was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.500/- or to undergo further rigorous imprisonment for one year in default of payment of fine; to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- or to undergo further rigorous imprisonment for three months in default of payment of fine, under Section 307 IPC and under Section 27 of Arms Act, respectively.

(2.) Brief facts of the case giving rise to this prosecution are that on 15.6.2002 the appellant fired two shots from his gun towards Daljinder Singh who is brother of the accused-appellant on the backdrop that they had partitioned their lands about 6 months back. It seems that the appellant was not satisfied/happy with partition. At the time of firing gun shots Sukhjit Singh son of appellant Satkewal Singh, Harpreet Singh son of the complainant - Daljinder Singh and Charanjit Kaur wife of Daljinder Singh were present. Due to injuries suffered by the complainant, he was shifted to Shri Guru Teg Bahadur Hospital, Amritsar by Harpreet Singh and Charanjit Kaur, where he was medico legally examined and treated. Consequently, FIR was lodged and investigation was launched. The Judicial Magistrate Ist Class, Amritsar committed the case for trial. Thus Additional Sessions Judge, Amritsar dealt with Sessions case No. 10 of 2002.

(3.) The prosecution examined PW-1 Daljinder Singh - complainant, PW-2 Charanjit Kaur wife of the complainant, PW-3 SI Sukhdev Singh, Investigating Officer, PW-4 Rishi Ram, Draftsman and PW-5 Dr. Gurmanjit Rai, Lecturer, Forensic Medicines, Government Medical College and Hospital, Amritsar, PW-6 Dr. Kumar Bhagat, Radiologist at Government Medical College and Hospital, Amritsar and further testified of having Exhibits P-1 to P-7 and closed its evidence.