JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal, is directed against the judgement of conviction, and the order of sentence dated 25.01.1996, rendered by the Court of Additional Sessions Judge, Amritsar, vide which, it convicted the accused/appellant, and sentenced him, as under :- Name of the accused (now appellant) Offence for which convicted Sentence awarded 1 2 3 Jagtar Singh (a) Under Section 307 of the Indian Penal Code. To undergo rigorous imprisonment for a period of three years## and to pay a fine of Rs. 1,000/-## and## in default thereof## to further undergo rigorous imprisonment for a period of two months. (b) Under Section 27 of the Arms Act. To undergo rigorous imprisonment for a period of one year## and to pay a fine of Rs. 200/-## and## in default thereof## to further undergo rigorous imprisonment for a period of one month. Both the substantive sentences, were however, ordered to run concurrently.

(2.) THE case of the prosecution proceeded, in the manner, that on 28.08.1989, at about 3.30 P.M., Jagtar Singh, accused, was on security duty, as an S.P.O. alongwith other Police Officials, on the chubara of the house of Savinder Singh, Sarpanch, r/o village Dargapur, as there was apprehension of danger, to his life, at the hands of terrorists. The complainant alongwith his family, being the brother of Savinder Singh, was also residing in that house. Jagtar Singh, started playing a cassette of obscene and vulgar songs, on the tape- recorder, as a result whereof, Satnam Singh, complainant, and his brother Savinder Singh, objected to it. The accused, was, however, obstinate, in doing so. When Satnam Singh, went up-stairs, to prevent the accused from playing obscene and vulgar songs, on the tape-recorder, Jagtar Singh, accused, fired two shots, from his service rifle. The first shot missed, but the second one hit Satnam Singh, on the knee joint of his left leg, as a result whereof, his left leg, from the knee joint, had to be amputated. The accused then ran away after getting down from the stair-case. Surinder Singh, Sarpanch, real brother of Satnam Singh, then carried him to Military Hospital, where, he was medically examined by Dr. Tak, on 28.08.1989. Dr. Tak, mentioned, in the medico-legal report, that Satnam Singh, injured, had suffered gun shot wound, on the left left leg. He found the following injuries, on his person :- i) Gun shot wound left leg upper 1/3rd width loss of upper. ii) 1/3rd of tibia and fibula just below the femoral condyle.

(3.) ON his appearance, in the Court of the Committing Magistrate, the accused was supplied the copies of documents, relied upon by the prosecution. After the case was received by commitment, in the Court of Sessions, charge under Sections 307 of the Indian Penal Code, and 27 of the Arms Act, was framed against the accused, which was read-over and explained to him, to which he pleaded not guilty, and claimed judicial trial.