HARBANS SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 17.10.1996, rendered by the Court of Addl. Sessions Judge, Ferozepur, vide which it convicted the accused/appellant Harbans Singh, for the offence, punishable under Section 307 IPC, and sentenced him to undergo rigorous imprisonment, for a period of four years, and to pay a fine of Rs. 1000/ -, and in default of payment of the same, to undergo rigorous imprisonment for another period of three months.

(2.) THE facts, in brief are that, on 7.3.1995, at about 11.00 pm, Gulzar Singh, his brother Kartar Singh and his son Joginder Singh (injured), were returning to their house, after attending the marriage of Gurnam Singh, and when they reached in the street to depart and to go to their houses, suddenly Harbans Singh, accused, came out of his house, armed with a knife, in his hand, and caused injury with the same to Joginder Singh, in his abdomen, and ran away. The complainant saw the occurrence, in the light of the electric bulb glowing, at that time in the house of Lekh Raj. After the receipt of injury at the hands of the accused, Joginder Singh was brought to his house, by the complainant. Thereafter, a conveyance was managed, and he was taken to Civil Hospital, Fazilka, where he was medico -legally, examined and treated. Dr. V.K. Mujral, Sr. Medical Officer, Civil Hospital, Fazilka, medico -legally examined Joginder Singh at 5.00 am on 8.3.1995, and sent ruqa Ex.PG to Police Station Sadar, Fazilka. On receipt of the same, Assistant Sub Inspector Baj Singh reached Civil Hospital, Fazilka at 6.00 am on 8.3.1995, and obtained the opinion of the Doctor, as to whether, Joginder Singh (injured) was fit to make a statement. The Doctor vide his report Ex.PF/1, dated 8.3.1995 at 6.00 am opined that the injured was not fit to make statement. Baj Singh, ASI, then proceeded to record the statement of Gulzar Singh, Ex.PA, which was thumb marked by him, and the same was sent to the Police Station, on the basis whereof, the FIR was registered, on 8.3.1995. On the same day, Baj Singh, ASI, proceeded to inspect the spot, and prepared rough site plan, with correct marginal notes. The statements of the witnesses, were recorded, by him, and the accused was searched, but he could not be found. On 16.3.1995, Baj Singh, ASI, recorded the statement of Joginder Singh, injured. On 16.3.1995, the accused was arrested. On interrogation, he disclosed that he had concealed a knife, near the embankment of canal, in the wild growth (sirkandas), and he could get the same recovered, by pointing out. The disclosure statement Ex.PL was reduced into writing. In pursuance of the disclosure statement, the accused got recovered the knife. The same was taken into possession. Rough site plan of the place of recovery was prepared.

(3.) ON his appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Section 307 of the IPC, was framed against the accused, to which he pleaded not guilty, and claimed trial.