STATE OF PUNJAB Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS judgment disposes of Criminal Appeal No. 827-DBA of 1997 filed by State of Punjab and Criminal Revision No. 110 of 1998 filed by Sanjeev Kumar petitioner-complainant, having been arisen out of the judgment dated 7.5.1997 passed by the learned Additional Sessions Judge, Amritsar, whereby the accused-respondent Avtar Singh (hereinafter referred to as the respondent) was acquitted of the charges under Sections 307/333 IPC, whereas convicted under Section 332 IPC and was ordered to be released on probation on his furnishing probation bonds in the sum of Rs. 5,000/- with one surety of the like amount for the period of one year and to pay Rs. 500/- as costs of proceedings.

(2.) FACTUAL matrix of the case is that on 9.5.1994, when Sanjiv Kumar No. 8782 of Punjab Home Guard, Police Station 'C' Division, Amritsar (injured) along with other constables had gone to call Ghuki, Latti and Amarjit Singh in connection with the complaint against them. He came across the accused Avtar Singh alias Latti and informed him about the inquiry against him and told him that he has been called in connection with the said inquiry. Accused Avtar Singh alias Latti refused to accompany them. Resultantly, a scuffle took place in which the accused in a bid to flee caused injuries to Sanjiv Kumar complainant and ran away. Constable Bhupinder Singh tried to apprehend the accused but failed.

(3.) FINDING a prima facie case, a charge under Sections 307/333 IPC was framed against the accused to which he pleaded not guilty and claimed trial.