SUSHIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in appeal here is to the conviction of the appellants - Sushil Kumar and Mehipal for an offence under Section 307 read with Section 34 of the Indian Penal Code and the sentence of four years' rigorous imprisonment and a fine of Rs. 1,000/- as also their conviction under Section 25 of the Arms Act and Section 9 of the Opium Act, in respect of which they have been sentenced to one year's rigorous imprisonment and two years rigorous imprisonment and a fine of Rs. 500/- respectively.

(2.) ACCORDINGLY to the prosecution, a nakabandi was held near the defence drain bridge in the area of village Bhucher Khurd in district Amritsar when at about 4 a.m. on January 30, 1983, a car PNT-9553 came there from the side of village Chhina Bidi Chand. This car was being driven by the appellant Mehipal, while Sushil Kumar and their co-accused, Sardari Lal were sitting on the rear seat thereof. Inspector Madan Lal signalled this car to stop whereupon Sardari Lal got out from the car and fired at the police party. Mahipal stopped the car and tried to reverse it and in the process knocked down Sardari Lal and the car also went over his legs whereupon Sardari Lal was apprehended. Sushil Kumar got down from the other side of the car and aimed to fire his pistol at the police party, but just then constable Balbir Singh gave a dang blow on his wrist as a result of which the pistol fell down. All those three persons were then apprehended by the police at the spot. It is said that when the car had been signalled to stop, a shot was fired from the vary-light pistol to light up the area and it is in the light thereof that this accident had occurred.

(3.) THE case of the prosecution rests upon the testimony of the police official who were members of the nakabandi. As regards the case under Section 307 read with Section 34 of the Indian Penal Code, the Police Officials examined were P.W.1-ASI Puran Chand, P.W.4-ASI. Sowarn Chand P.W.5 A.S.I. Gurcharan Singh and P.W.7 S.I. Manohar Singh. Besides this, there is the testimony of the two doctors, namely; P.W.2 Dr. Kulvinderjit Singh and P.W.3 Dr. Ashok Khingra. The case under the Arms Act against the appellant-Sushil Kumar is supported by the testimony of H.C. Savinder Singh and A.S.I. Sowarn Chand, and that against Mehipal is based upon the testimony of A.S.I. Manga Ram and ASI Gurcharan Singh while the Opium Act case against Sushil Kumar and Mahipal is founded upon the testimony of A.S.I. Puran Chand and A.S.I. Manohar Singh. In all these cases, the same two witnesses were examined in defence, namely; Kewal Krishan and H.C. Sham Lal.