DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment of conviction and order of sentence dtd. 23/12/2003, passed by the Court of Additional Sessions Judge, Fast Track Court, Ferozepur, whereby the respondents No.2 to 5 were convicted for the offences punishable under Ss. 307/379/34 of IPC and were sentenced to undergo RI for a period of 07 years each for an offence punishable under Sec. 307 of IPC and to pay a fine of Rs.1000.00 each, along with default stipulation and were sentenced to undergo RI for a period of 02 years each for an offence punishable under Sec. 379/34 of IPC and to pay a fine of Rs.500.00 each, along with default stipulation, whereby the appellants have preferred the present appeal before this Court.

(2.) During the pendency of the present appeal, Darshan Singh, appellant No.1 had expired. Since the learned counsel for the appellants were not appearing, Mr.Balram Singh, Advocate was appointed as Amicus Curiae to argue the appeal on behalf of the appellants.

(3.) As per the case of the prosecution, on receipt of the information regarding the admission of Paramdeep Singh son of Gurjit Singh, SI Harpal Singh and other police officials reached CMC, Ludhiana and obtained the opinion with regard to the fitness of the Paramdeep Singh. Since he was declared unfit to make the statement, the statement of Gurjit Singh, his father was recorded. As per Gurjit Singh, complainant, on 7/8/2001 he along with Baldev Singh son of Nazir Singh, Mohinder Singh son of Bachan Singh were present at Water Works, Ward No.12 and waiting for their partner Ranjit Singh son of Gurbachan Singh for taking accounts of their Mini Bus. At that time the complainant was having his .12 bore single barrel gun with him. In the meantime, Paramdeep Singh @ Mammu, the son of the complainant came on his scooter to call him back to the house. At that time, a big mercury bulb was on in the street and electric tube was also on, on the room of Water Works. At about 08:00 PM when the complainant along with his son Paramdeep Singh was to leave for his home on the scooter of his son, Darshan Singh @ Badal son of Sudagar Singh armed with .12 bore gun with his son Lakhbir Singh came there on a motorcycle along with his real brother Amarjit Singh @ Tholu with Jaswant Singh@ Jassa sitting behind him on pillion of different scooter which was driven by Amarjit Singh. Darshan Singh @ Badal raised lalkara that the complainant should not be spared and lesson be taught to him for getting a case registered against them by giving secret information. In the meantime said Darshan Singh @ Badal fired a shot from his .12 bore gun towards Paramdeep Singh which hit him on the upper part of his left arm besides his chest near the armpit. As as result of it, Paramdeep Singh fell down from his scooter. Darshan Singh and his son Lakhbir Singh started giving slaps and fist blows to the complainant. Lakhbir Singh snatched the licensed gun of the complainant. Jaswant Singh @ Jassa picked up a chair lying on the spot and hit the same on Baldev Singh. As a result of which Baldev Singh sustained injury on his head and fell down on the ground. Amarjit Singh @ Tholu picked up another chair and hit the same on the head of Mohinder Singh, who was on Government duty at that time. He(complainant) raised hue and cry and all the accused escaped from the place on their scooters. While leaving, the accused persons took away his .12 bore single barrel gun. In the meantime, a large number of people collected at the spot. The wound of Paramdeep Singh was bleeding profusely so he took off his blood stained shirt and tied the same on the wound. The blood stained shirt was later on handed over to the police. Master Baldev Singh admitted the injured persons in Guru Gobind Singh Medical College and Hospital, Faridkot for treatment after arranging vehicle for the purpose from where his son was referred to CNC Ludhiana.