JAGDISH RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been instituted by Jagdish Ram against judgment and order dated 5.1.1994 passed by the Additional Sessions Judge, Jalandhar whereby he was found guilty and convicted under Section 307 IPC and sentenced vide order of even date to RI for six years and to pay a fine of Rs. 1,000; in default of payment of fine, he was further sentenced to undergo RI for one year.

(2.) BRIEFLY stated, the facts are that the complainant PW-1 Balbir Singh was attached as a gun man with Shri R.L. Dhand, retired Superintendent of Police at Shahkot. On 25.6.1991 at about 8.20 A.M. Balbir Singh-PW-1 went to the residence of Shri R.L. Dhand and on reaching there, he called Jeet servant of Shri Dhand but he did not get any response. So, he went inside the room and called Jeet but he found that the appellant and Smt. Gurmeeto w/o Jeet were naked and the appellant was having sex with her. She was crying at that time. PW-1 Balbir Singh told the appellant to behave properly and scolded him for his indecent behaviour. The appellant tried to run away from the spot but Balbir Singh blocked his way by standing in the door. In that process, the appellant snatched the revolver of Balbir Singh from his waist and fired at him hitting him in his abdomen. The pallet pierced through the abdomen and came out through thigh. The appellant in those days was living in a room nearby to the room of Jeet.

(3.) HAVING made out a prima facie case, the appellant was charged under Section 307/354 IPC read with Section 27 of the Arms Act to which he pleaded not guilty and claimed trial.