STATE OF PUNJAB Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) CRIMINAL Appeal No. 227-DBA of 1985, Criminal Appeal No. 25-SB of 1985 and Criminal Revision No. 312 of 1985 are directed against the judgment of the learned Additional Sessions Judge, Bhatinda dated 19th December, 1984. The learned Additional Sessions Judge convicted Nachhattar Singh under Section 326, Indian Penal Code, Jagrup Singh and Atma Singh son of Gajjan Singh under Section 326 with the aid of Section 34, Indian Penal Code but acquitted Atma Singh son of Nihal Singh accused. Each of the three convicted accused were sentenced to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 1000/.each. In default of payment of fine the defaulting accused was further sentenced to rigorous' imprisonment for six months. Out of the fire imposed Rs. 2000/- were directed to be paid to Karnail Singh, injured, as compensation. The accused were acquitted under Section 307/34 I.P.C. Criminal Appeal No. 25-SB of 1985 has been filed by the convicted accused. Criminal Appeal No. 227-DBA of 4985 has been filed by the State against acquittal under Section 307/34 I.P.C. Criminal Revision No. 312 of 1985 has been filed by Gurtej Singh son of Karnail Singh for enhancement of sentence imposed on the three accused and for awarding the injured a substantial compensation.

(2.) THE prosecution version is that on 11-12-1981 Karnail Singh P.W. 4 alongwith his son, Gurtej Singh P.W. 3 and Jarnail Singh, his son-in-law, of village Burj Harike travelled from village Maur Kalan to Bhatinda. Karnail Singh came to the court complex to consult a lawyer in connection with a case relating to Khalsa High School, Maur of which he was the Vice President. Jarnail Singh of Burj Harike who is his son-in-law met Karnail Singh and Gurtej Singh the bus and they travelled to Bhatinda together They met Jarnail Singh of Gobindpur in the court complex Gurtej Singh and his brother-in-law Jarnail Singh of Burj Harike went towards the court compound while Karnail Singh, P.W. 4 and Jarnail Singh of village Gobindpura proceeded towards the stair-case which leads to the Court of Second Additional District Judge, Bhatinda. All the four accused were present there. Jagrup Singh, Atma Singh son of Gajjan Singh and Nachhattar Singh were armed With Kirpans while Atma Singh son of Nihal Singh was empty handed. Jagrup Singh raised a Lalkara urging his companions to finish Karnail Singh and teach him a lesson for getting him sentenced to imprisonment. Jagrup Singh then gave a Kirpan blow on the head of Karnail Singh, P.W.4. This was followed by Atma Singh son of Gajjan Singh giving a Kirpan blow on the head of Karnail Singh. Nachhattar Singh accused gave a Kirpan blow on the tight arm of Karnail Singh, Atma Singh son of Nihal Singh took our 12 bore pistol from his club and fired at Karnail Singh. Karnail Singh, however, had a providential escape. Only some of the pellets, pierced through the shoulder of his coat. Karnail Singh fell down and when he was lying in the verandah of the court, Jagrup Singh Nachhattar Singh and Atma Singh son of Gajjan Singh gave Kirpan blows on his left ear, right knee, right thumb, fingers of left hand etc. Karnail Singh raised an alarm which was respondent by his son Gurtej Singh and his son-in-law Jarnail Singh. They told Karnail Singh to be brave and that they were coming. At this, the accused persons fled away with their respective weapons. A.S.I. Dina Nath and Constable Resham Singh who were on duty in the court complex saw Atma Singh son of Nihal Singh and Nachhattar Singh accused running away towards the Texi Stand. Jarnail Singh of Burj Harike P.W. joined them and they chased the accused and apprehended them near the Local Bus Stand. A.S.I. Dina Nath, recovered blood-stained Kirpan, Exhibit P. 23 from Nachhattar Singh. It was made into a sealed parcel vide Exhibit PL/I after preparing the outline Exhibit PL. Country made -12 bore pistol with two live cartridges Exhibits P. 21 and P. 22 of the samebore were also recovered from Atma Singh son of Nihal Singh. Outline sketch of the pistol was prepared and a separate case under Section 25 of the Arms Act was got registered against Atma Singh son of Nihal Singh.

(3.) DR . Khem Raj Bansal examined Karnail Singh and prepared Medico Legal Report Exhibit PA. S.I. Sewak Ram went to the spot and he recovered blood-stained earth, pellets, wads and one empty cartridge case and prepared a site plan Exhibit P.M. Nachhattar Singh and Atma Singh son of Gajjan Singh, who had been apprehended by A.S.I. Dina Nath, were produced before S.I. Sewak Ram when he was in the Civil Hospital in connection with the investigation of this case. They were arrested.