BOOTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BOOTA Singh and Surinder Pal convicts-appellants have filed this appeal against the judgment/order dated 1.2.1997 of learned Additional Sessions Judge, Jalandhar, vide which he convicted Boota Singh- appellant under Section 307 IPC and accused-appellant Surinder Pal under Sections 307/34 IPC. Accused-appellant-Boota Singh was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000/- in default to undergo rigorous imprisonment for 6 months, whereas, Surinder Pal accused- appellant was sentenced to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for 4 months.

(2.) BRIEF facts of the case are that on 6.1.1995, at about 9.00 p.m. Inder Paul Singh-complainant, was present in his house No. 92, Green Park, Jalandhar, wherein he was jointly living with his brother Raju Singh. At the time somebody pressed the call bell from outside. Upon this, the complainant opened the outer door of the house and saw Boota Singh, son of Makhan Singh and another person standing outside the outer-gate with a scooter, in their hand. Both of them were known to the complainant earlier and were fully identified. Boota Singh then came inside the house, along with the complainant and asked the latter for drinking water. Boota Singh then started talking to the complainant. Suddenly, Boota Singh took out a sickle from underneath the blanket, wrapped by him and gave a blow with the same, on the person of Inderpal Singh which hit on the front of his neck. When Boota Singh attempted to give another blow, his hand was caught by Inderpal Singh. The complainant then raised a alarm, which attracted Raju Singh, younger brother of the complainant, to the spot, who was viewing television. Boota Singh accused-appellant, then ran out and then both the accused fled on the scooter. The name of the other accused, who was standing outside the house came to be known as Surinder Pal. Raju Singh then rang up Harminder Singh, brother-in- law of the Inderpal Singh-complainant, who came to the spot after some time. Thereafter the injured was removed to the Civil Hospital Jalandhar in a vehicle, where he was got admitted. The injured was medico-legally examined by the doctor on 6.1.1995 at 10.10 p.m. The Surgical Specialist then opined the injury to be grievous, in nature, which could have been dangerous to life. The statement Ex.PE of the injured was recorded on 8.1.1995, when he was declared fit to make his statement. On the basis of statement Ex.PE of the injured, an FIR Ex.PE/1 was registered. Thereafter, Dharam Pal, ASI, prepared the site plan Ex.PK, with correct marginal notes. On 10.1.1995, the accused was arrested and on 11.1.1995, on interrogation, he made a disclosure statement Ex.PH regarding the concealment of sickle and ultimately got recovered the same, which was taken into possession vide memo Ex.PH/2. Accused-appellant-Surinder Pal was arrested on 14.1.1995.

(3.) THE prosecution examined as many as nine witnesses in support of its case. Dr. Romesh Kumar (PW-1) medico-legally examined Inderpal Singh at 10.10 p.m. on 6.1.1995 and found the following injury on his person :-