JUGRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants were tried by Additional Sessions Judge, Ferozepur with the allegations that on 6.12.1989 at about 2.00 p.m., Jugraj Singh-appellant while armed with his licensed .12 bore SBBL gun fired at Kishan Singh-injured with an intention to kill him after an exhortation having been given by Tarlok Singh-appellant. Vide judgment dated 7.1.1997, the trial Court convicted Jugraj Singh under Sections 307 IPC and 27 of the Arms Act, whereas Tarlok Singh was convicted under Section 307/34 IPC. Vide order of the even date, the trial Court sentenced Jugraj Singh to undergo RI for seven years and to pay a fine of Rs. 2,000/- under Section 304 IPC. In default of payment of fine, he was directed to undergo further RI for one year. He was also sentenced to undergo RI for three years and to pay a fine of Rs. 500/- under Section 27 of the Arms Act. In default of payment of fine, he was directed to undergo further RI for four months. Tarlok Singh was sentenced to undergo RI for five years and to pay a fine of Rs. 2,000/- under Section 307/34 IPC. In default of payment of fine, he was directed to undergo further RI for one year. Substantive sentences in the case of Jugraj Singh were ordered to run concurrently.

(2.) ON 8.12.1989, Kishan Singh made a statement before ASI Balbir Singh in Daya Nand Hospital, Ludhiana at about 2.50 p.m., wherein he stated that he was resident of village Longodeva and doing cultivation. On 6.12.1989, he along with his brother-in-law Jarnail Singh was going on a motor-cycle to see his sister Gian Kaur, who was married to Maghar Singh of village Khosa Kotla. Jarnail Singh was driving the motor cycle. When they reached at a distance of two kilometers short of village Khosa Pandav in the area of village Khosa Randhir at about 2 p.m., a jeep bearing No. DED 3388 owned by Jugraj Singh came from behind, which was being driven by an unknown person. Tarlok Singh, who generally resided with Jugraj Singh, was sitting by the side of the driver. Jugraj Singh was armed with a single barrel .12 bore gun. While the jeep was still towards the rear of the motor-cycle, the driver of the jeep blew horn. Jarnail Singh and Kishan Singh took their motor cycle on to the kacha path on the left side. Tarlok Singh raised lalkara exhorting Jugraj Singh to teach lesson for causing injuries to him and for causing the death of Gurjant Singh. In the meantime, Jugraj Singh fired a shot from his gun with an intention to kill, which hit Kishan Singh on his right shoulder. Both Kishan Singh and Jarnail Singh raised alarm. The accused left with their jeep towards the side of Moga, while carrying their weapon with them.

(3.) ACCORDING to Kishan Singh, the cause of occurrence was that about 8/9 years earlier, he had fired and hit Jugraj Singh, thus injuring him, besides firing shot at Gurjant singh, who had died on account of the same. Kishan Singh had, however, been acquitted by the High Court. On that account, both Jugraj Singh and Tarlok Singh fired upon him with an intention to kill him. He prayed for taking action against the accused.