JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Joginder Singh son of Gurmukh Singh resident of village Rehrwan has filed the present criminal appeal which has been directed against the judgment and order dated 20.4.1987 passed by the court of Sessions Judge, Ferozepur who convicted the appellant under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1000/- or in default of payment of fine to undergo further rigorous imprisonment for two months under Section 307 of the Indian Penal Code. The appellant was also sentenced to undergo rigorous imprisonment for a period of one year for the offence under Section 27 of the Arms Act. The Trial Court furher ordered that both the substantive sentences of the appellant shall run concurrently.

(2.) The brief facts of the case are that on 25.8.1986 at about 7.00 P.M. Chhinder Singh (injured) was returning from his land after having a round of it in the company, of his father Piara Singh and Jagir Singh who is his uncle of the complainant from the brotherhood, from side of river Sutlej. Chhinder Singh was ahead of Piara Singh and Jagir Singh. When he reached near the house of Harbans Singh, appellant armed with a pistol came from the side of house of Harbhajan Singh son of Gopal Singh and raised lalkara to teach a lesson to Chhinder Singh for turning him out of the house. Simultaneously with the lalkara the appellant fired a shot from the pistol hitting in the chest on the left side of Chhinder Singh as a result of which Chhinder Singh fell on the ground. The occurrence was witnessed by Piara Singh and Jagir Singh. After causing injury with fire arm the appellant fled away from the place of occurrence with weapon of offence. A tractor trolley was arranged from Charan Singh son of Hukam Singh. The injured was taken to Civil Hospital, Dharamkot where he was got admitted. On reference Chhinder Singh was admitted to Civil Hospital, Faridkot where he was given medical treatment. ASI Mal Singh took up the investigation of the case and he recorded statement of Chhinder Singh and case was registered against the appellant. The said Investigating Officer Mal Singh visited the place of occurrence and prepared rough site plan. He also took into possession blood stained clothes of the deceased. On 15.10.1986, the accused was arrested and from his personal search .12 bore pistol with one live cartridge of the same bore was recovered and these were taken into possession. The motive for the crime is that the appellant who came from Haryana resided with Chhinder Singh in his house but on being found to be a bad character, appellant was turned out from the house. On the above allegations Investigation was completed and the challan was submitted in the court of Area Magistrate who suppleid copies of the documents to the appellant as required under law and vide commitment order dated 3.3.1987 committed the accused to the court of Sessions. Vide orders dated 19.3.1987, the accused was charge-sheeted under Sections 307 of the Indian Penal Code and 27 of the Arms Act. The charges were read over and explained to the appellant to which he pleaded not guilty and claimed a trial.

(3.) In order to prove the charges, the prosecution examined PW.1 Dr. Jaide. Singh, PW.2 G.S. Dhaliwal, PW.3 Chhinder Singh injured, PW.4 Piara Singh, PW.5 Sunder Singh Draftsman and Investigating Officer, A.S.I. Mal Singh PW.6.