STATE OF H.P. Vs. JASWANT SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 3.12.1996, accused was put to trial. In terms of judgment dated 8.7.1999 passed by the learned Sessions Judge, Una, in Sessions Case No. 12 of 1998 titled as State of H.P. v. Jaswant Singh, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that Sh. Dharam Singh, resident of village Bhindla, Tehsil Bangana, Distt. Una has two sons, namely, accused Jaswant Singh and complainant Sh. Ramel Singh (PW -1) and both have independent land in the village. Jaswant Singh also owns 46 kanals of land in the village. There was some dispute about the land owned by the two brothers, therefore, three months prior to the incident, PW -1 got the land demarcated which was not acceptable to the accused. On 3.12.1996 accused Jaswant Singh came with Sh. Rajinder Singh to the village and started measuring the land and uprooting the boundary marks. This was objected to by PW -1. Accused Jaswant Singh went to his house, got his gun (Ext.P -3) and fired the same at PW -1, who sustained injuries on his chest, back and legs. Blood started oozing. Hearing cries, Smt. Sushma Devi (PW -2) wife of PW -1 arrived at the spot. When she tried to carry her husband from the fields accused Jaswant Singh again fired a gun shot which hit the tree. Accused then chased her up to the road where she had taken her husband. There he again tried to fire a gun shot but was stopped by S/Sh. Anant Ram and Hans Raj. PW -1 was taken from village Sohari Takoli on the cot by Sh. Phelli Ram (PW -3) and other persons. He was further taken in an Ambulance to the District Hospital, Una, where medical treatment was given to him. At Una PW -1 lodged report (Ext.PA) on the basis of which F.I.R No. 102/96 dated 3.12.1996 under Sections 307, 506 IPC (Ext.PG) was recorded by HC Karamdin (PW -6) at Police Station, Bangana. Matter was investigated by SI Sarup Chand (PW -10), who took into possession blood stained shirt (Ext.P -1) and pant (Ext.P -2) belonging to PW -1 vide memo (Ext.PC). He prepared site plan (Ext.PL) and also took into possession gun (Ext.P3) along with its licence vide memo Ext.PD. Two fired cartridges (Ext.P -4 & Ext.P -5) were recovered vide memo (Ext.PE). Five live cartridges (Ext.P -6 to Ext.P -10) were recovered vide memo (Ext.PF). Sh. Sarup Chand deposited the sealed articles with HC Karamdin (PW -6), MHC, Police Station, Bangana. Sh. Karamdin handed over three packets to Constable Dalbir Singh (PW -7) to be taken to CFL, Laboratory at Chandigarh and packet containing clothes to FSL, Junga through Constable Sukhchain. Reports were received from the Laboratories and with the completion of the investigation challan was presented in the Court for trial.

(3.) BY giving him benefit of doubt the Court below acquitted the accused of the charged offence, hence the present appeal.