SHARDA NAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 24.11.1994 passed by the learned Additional Sessions Judge, Faridkot, whereby the appellant has been convicted for the offence under Section 307 of the Indian Penal Code ('IPC' - for short) and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of six months.

(2.) CASE FIR No. 4 dated 12.1.1992 (Ex. PA/1) was registered at Police Station City Muktsar for the offence under Section 307 of the Indian Penal Court ('IPC' - for short) and Sections 25 and 27 of the Arms Act, 1959 on the statement (Ex. PA) of Rohtas Singh, Assistant Commandant, 69 Battalion, D. Coy. CRPF (PW-1). It is stated by Rohtas Singh (PW-1) that he is posted as Assistant Commandant, 69 Battalion, D. Coy. CRPF and his company had been put on duty for the Maghi fair at Muktsar. The company camped at Government Primary School Baghwali Street, Muktsar. The company was posted on duty at Gate Nos. 4, 6 and 7 of the Gurdwara Sahib, Muktsar. The company returned to Government Primary School after discharging its duty. Head Constable Sharda Nand (appellant) and Lance Naik Bhajan Singh were members of his company. Rohtas Singh had gone to his residence at Kalra Rice Mill, Muktsar. Mohd. Shakur was the mess constable of their company. At about 8.30 p.m., he received information at his residence that there had been firing in his company upon which he immediately came to Government Primary School, Baghwali Street. Then, the mess constable Mohd. Shakur told him that Head Constable Sharda Nand (appellant) and Lance Naik Bhajan Singh had taken some liquor and while he was distributing the food to Jawans, Sharda Nand and Bhajan Singh quarrelled on some matter upon which Sharda Nand shot a burst from his government sten-gun at Lance Naik Bhajan Singh and three bullets hit him on his right thigh, right flank and right shoulder as a result of which Bhajan Singh fell down and he handled him from his arm. When he (Rohtas Singh PW-1) reached at the spot substantial blood was oozing out from Bhajan Singh. Then he sent Bhajan Singh to Civil Hospital, Muktsar through Inspector Dhani Ram. He took into possession the sten-gun of HC Sharda Nand (appellant) and apprehended him at the spot and brought him to the Civil Hospital, Muktsar for his medical-examination. The reason of the quarrel was that meat had been cooked in the mess for the jawans. In the distribution of the meat cooked in the mess on that day there ensued a quarrel between them on which Sharda Nand shot a burst from the government sten-gun with an intention to kill Bhajan Singh and injured him. On the basis of the said statement, as already noticed, the FIR was registered. It was prayed that action be taken against H.C. Sarda Nand. The complainant heard his statement and it was affirmed as correct. From the said statement a case under Section 307 IPC and Sections 25 and 27 of the Arms Act was found to have been made out. The Police investigated the case. After completion of investigation, charge report (challan) in terms of Section 173 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' - for short) was filed in the Court of Sub Divisional Judicial Magistrate, Muktsar on 28.5.1992. The said Magistrate vide his order dated 31.7.1992 committed the case to the Court of Session as the offence under Section 307 IPC was exclusively triable by the said Court. The learned Additional Sessions Judge, to whom the case was assigned, charge-sheeted the appellant for the offence punishable under Section 307 IPC on 28.8.1992. The appellant pleaded not guilty to the charge and claimed trial.

(3.) THE statement of the appellant in terms of Section 313 Cr.P.C. was recorded in which he stated that he had been falsely implicated as he had strained relations with Rohtas Singh (PW-1) and he was instrumental in getting him falsely involved in the case and that he was a vegetarian.