JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Joginder Singh is in appeal against his conviction by the learned Trial Judge for offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Khushwant Singh, a co -accused of the appellant, was acquitted by the learned Trial Court.

(2.) THE precise prosecution allegations, at the trial, may be indicated in the first instance. On 30.10.1996, at about 6.30 P.M., PW 3 Nirmal Singh was present at his house. Baldev Singh and Sukhchain Singh were also available over there at that point of time. Appellant Joginder Singh came over there while he was armed with a double barrel gun. On the exhortation of the acquitted accused Khushwant Singh to teach a lesson to Sukhchain Singh for not providing the 'path', the appellant fired a shot which hit right leg of Baldev Singh. When the appellant tried to fire another shot, Sukhchain Singh pushed the barrel of the gun upwards and the shot came to be fired in the air. The appellant, thereafter, fled the spot and carried along the gun. Baldev Singh was in the process of being removed to a hospital at Amritsar in a tractor trolley when he died.

(3.) PW 1 Dr. Tejwant Singh, who had conducted the post -mortem examination on the dead body of Baldev Singh, found the following antemortem injuries on the dead body: