BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal is directed against the judgment of conviction and order of sentence dated 06.03.2003, passed by learned Additional Sessions Judge, Fast Track Court, Ferozepur whereby the appellant-Balwant Singh was convicted and sentenced as under:- <FRM>JUDGEMENT_227_LAWS(P&H)8_2016.html</FRM>

(2.) Relevant facts for the purpose of decision of the appeal; that Rachhpal Singh (father of the complainant - Balbir Singh) died about one year prior to the date of occurrence. Balwant Singh, present appellant is uncle (Phufar) of the complainant. The complainant was having suspicion that Balwant Singh has illicit relation with his mother Sumitra Devi. He as well as sons of Balwant Singh used to ask them not to continue with such relation, but to no effect. On 10.08.1997 Balbir Singh (complainant) and Surinder Singh were going on a Moped. At about 11 AM, when they came near village Falian Wala, they saw Balwant Singh and Sumitra Devi coming on a scooter from opposite side which was being driven by Balwant Singh. They did not stop the scooter despite signal having been given by the complainant. Thereafter the complainant and Surinder Singh chased them and succeeded in intercepting them. Complainant and Surinder Singh asked them as to where they had gone, but Balwant Singh and Sumitra Devi failed to satisfy the complainant and Surinder Singh. Meanwhile, Sher Singh son of Hakam Singh also reached there. Appellant Balwant Singh and Sumitra Devi started hurling filthy abuses on the complainant in the presence of Sher Singh. Balwant Singh fired shot upon the complainant from his pistol with an intention to kill him which hit the complainant on his left upper arm. Complainant raised hue and cry. Balwant Singh and Sumitra Devi fled away from the spot. Complainant Balbir Singh was admitted to Civil Hospital, Jalalabad where no action was taken. Thereafter the complainant was got admitted at Medical College and Hospital, Faridkot. On 11.08.1997 the police party reached the hospital and made efforts to get the matter compromised and as such did not register any case. Later on, FIR was registered on 25.08.1997 under Sections 307/34 IPC, but still no action was taken as the appellant was the Sarpanch of the village and was belonging to the ruling party. Thereafter the complainant filed a complaint and process of law was initiated.

(3.) After completion of investigation proceedings, challan was presented in the Court for trial.