(1.) Present appeal is directed against the judgment of conviction and order of sentence dated 30.04.2005, passed by learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court, Rup Nagar, whereby appellant - Inderjit Singh alias Sonu was convicted and sentenced as under:-
(2.) Facts relevant for the purpose of decision of the appeal; that on on 18.04.2001 at 12.30 PM, Karandeep Singh, complainant made a statement before the Police in PGI that he was working in Sood Goods Company, Sector 26, Chandigarh and prior to that, he established a factory in the name and style of M/s Angad Paper Mill Pvt. Limited in which, he was Director. The said factory is lying closed since 1996-97. He had employed one Mohinder Singh as Chowkidar against salary of Rs.1800/- per month for the protection of machinery kept in the factory. On 17.4.2001 at about 10.30 PM, he was informed by Jagjeevan Lal, Sarpanch on telephone that Sona alongwith two other persons inflicted injuries on the person of Mohinder Singh in order to kill him and he was being taken to PGI, Chandigarh. He further stated that the reason for the occurrence was that accused Sona entered in the factory with an intention to commit theft and he was seen by Mohinder Singh and the complainant had given warning to accused Sonda. Due to this enmity the injuries were caused to Mohinder Singh, Chowkidar. On the basis of statement, formal FIR (Ex. PW-5/E) was recorded.
(3.) After completion of investigation proceedings, challan was presented in the Court for trial.