KARTAR SINGH Vs. STATE

JUDGEMENT

(1.) CRIMINAL Reference No. 6 and 52 arise out of the same case and therefore, both of them are disposed of together.

(2.) THE facts leading to this case are that on the 15th of July 1952 at about 6, P. M. one Santa Singh resident of Santpura village in Tehsil Hanumangarh, lodged a report at that police station Sangaria to the effect that on that day at about 2 P. M. one Gurnam Singh, S/o Lal Singh, Jat Sikh of his village was lying on a cot in a room of his house. His mother and one or two other persons were sitting beside him. At that time Kartar Singh, S/o Vichitra Singh, resident of their village climb-ed the chaki (terrace) which was in front of Gurnam Singh's room and fired a 12 bore gun with intent to kill him (Gurnam Singh ). Gurnam Singh was injured on his thigh, calf and private parts. On a hue and cry being raised, several persons of the village assembled there, but Kartar Singh went to his house soon after the firing and fled away with his gun to some place. This report was taken down by one Pusaram Sharma, Head-constable, but the investigation was conducted partly by P. W. 6 Rameshwar Prasad Head-constable and partly by P. W. 11, Lalchand Sub-Inspector, and the accused Kartar Singh was challaned in the court of the Sub. Divisional Magistrate, Hanumangarh, under sec. 302 I. P. C.

(3.) THE next piece of evidence is the recovery of the gun at the instance of the accused. This would have been of great value to the prosecution if it had cared to collect further evidence to show that this was the gun with which the offence was committed. It appears from the evidence of P. W. 11 Lalchand that there was slight defect in the ejector of the gun and it obstructed the cartridge. THE mere fact, therefore, that the accused had a gun and that it was recovered from his possession is not of much value for bringing the guilt home to the accused.