BALDEV SINGH Vs. STATE OF PUNJAB
LAWS(SC)-1990-9-75
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on September 18,1990

BALDEVSINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Cited Judgements :-

SIROMAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-3-141] [REFERRED TO]
AJMER KHAN (DEAD), MUNEER KHAN & ANOTHER VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-7-170] [REFERRED TO]
MUKUT MOHAMMAD VS. STATE OF ASSAM [LAWS(GAU)-2002-5-50] [REFERRED TO]
LALU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2003-2-26] [REFERRED TO]
C MAGESH VS. STATE OF KARNATAKA [LAWS(SC)-2010-4-76] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-12-23] [REFERRED TO]
RAMESH VS. STATE OF M P [LAWS(MPH)-2008-11-9] [REFERRED TO]
RAVI @ RAVINDRA VS. THAMMANNA [LAWS(KAR)-2021-3-81] [REFERRED TO]
PREM RAJ MEENA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2011-2-270] [REFERRED TO]
TALAR SORUM VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2007-11-27] [REFERRED TO]
DEEPAK MARUTI PARTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-9-50] [REFERRED TO]
VANKA NARASIMHA MURTHY VS. STATE OF A P [LAWS(APH)-2000-6-75] [REFERRED TO]
V. VENUGOPAL VS. STATE OF KERALA [LAWS(KER)-2007-4-249] [REFERRED TO]
DHARAMVIR VS. STATE GOVERNMENT OF NCT OF DELHI [LAWS(DLH)-2002-5-237] [RELIED ON]
KHEDURAM SONI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-6-93] [REFERRED TO]
GOPAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-10-38] [REFERRED TO]
BHASAN CH. SARKAR AND ORS. VS. STATE OF ASSAM [LAWS(GAU)-2014-11-30] [REFERRED TO]
SHYAM NARAYAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-1991-11-19] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. FRED ROBINSON [LAWS(HPH)-2001-7-17] [REFERRED TO]
CHANDRASEKHARAN VS. STATE OF KERALA [LAWS(KER)-1993-2-46] [REFERRED TO]
TEJ RAM VS. MAHESH [LAWS(P&H)-2010-1-61] [REFERRED TO]
VINOD VS. STATE [LAWS(DLH)-2009-3-82] [REFERRED TO]
NARAYANAN VS. STATE OF KERALA [LAWS(KER)-2009-2-82] [REFERRED TO]
SURESH CHETTRI VS. STATE OF SIKKIM [LAWS(SIK)-2016-6-7] [REFERRED]
NAMDEO PANDURANG DHANBHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-6-105] [REFERRED TO]
DURGESH NANDINI WIFE OF KHADGENDRA VS. SHANTI WIFE OF PURUSHOTTAM [LAWS(RAJ)-2017-8-227] [REFERRED TO]
Gopal Krishna Sahoo VS. Calcutta Port Trust [LAWS(CAL)-1998-5-3] [REFERRED TO]
CHINNAMMA VS. STATE OF KERALA [LAWS(KER)-1994-12-2] [REFERRED TO]
RAJENDRA PRASAD YADAV VS. THE STATE OF BIHAR [LAWS(PAT)-2015-7-103] [REFERRED TO]
MD SHAHABUDDIN VS. STATE OF BIHAR [LAWS(PAT)-2017-7-95] [REFERRED TO]
P APPALA RAJU VS. STATE REP BY INSPECTOR OF POLICE C B I./S P E VISAKHAPATNAM [LAWS(APH)-2012-1-40] [REFERRED TO]
UDIT NARAYAN SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-155] [REFERRED TO]
KUPPA SUDHA RANI VS. BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD [LAWS(APCDRC)-2015-5-1] [REFERRED TO]
BASANT RAM VS. STATE OF H.P. [LAWS(HPH)-2013-3-26] [REFERRED TO]
SUKHDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1997-10-44] [REFERRED TO]
STATE VS. TIKA RAM [LAWS(DLH)-2005-3-2] [REFERRED TO]
Deep Singh VS. State of Himanchal Pradesh [LAWS(HPH)-1995-4-3] [REFERRED TO]
BUNDU VS. STATE OF M P [LAWS(MPH)-1991-7-34] [REFERRED TO]
MOHD. SAJAN @ SARFUDDIN VS. STATE OF U.P. [LAWS(ALL)-2015-7-364] [REFERRED TO]
SULABH JAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-6-71] [REFERRED TO]
BALDEV SINGH VS. STATE OF PUNJAB [LAWS(SC)-1995-10-43] [RELIED ON]
AMIT RAI @ PALTU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-5-38] [REFERRED TO]
CHANDRA KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2011-3-28] [REFERRED TO]


JUDGEMENT

- (1.)The above appeal is preferred by the appellant Baldev Singh challenging the correctness of the judgment rendered in Criminal Appeal No. 711 of 1975 by the High Court of Punjab and Haryana at Chandigarh. The facts of the case briefly stated are as follows:
On 14-1-1975 at about 9.30 p.m. the deceased Baldev Singh and Amar Nath, P.W. 10 left their poultry farm in a truck driven by the deceased to their respective homes. When they were about to enter a lane, they found a jeep bearing Registration No. DLK-6698 having been parked obstructing the way. The appellant and one Jagtar Singh (who was coaccused and since acquitted) was standing near the jeep. The deceased and P.W. 10 requested the appellant and another to move their jeep aside so that their truck could pass through, but the appellant and his co-accused instead of moving the jeep got hold of P.W. 10 and gave him some slaps and fist blows. When the deceased intervened, the appellant whipped out a pistol. Apprehending imminent danger to his life, the deceased attempted to run away but the appellant fired two shots from his pistol simultaneously which hit on the back of the deceased. The deceased fell down. Thereafter, the appellant and his coaccused made good their escape by driving their jeep. P.W.-7, an Advocate who was ,residing nearby, mistaking the shots as having been fired by some robbers fired some shots with his gun in the open air in order to create a scare. In the meantime P.W.-1, the brother of the deceased on hearing the two gun shots followed by two more shots rushed to the pcene and found his brother Baldev Singh lying injured. The injured Baldev Singh told his brother as to what has happened. P.Ws. 9 and 10 removed the injured to the Civil Hospital, Muktsar where the Medical Officer, P.W.-1 examined the injured and noted two gun shot injuries. P.W. 17, the Asstt. Sub Inspector of Police on receipt of an intimation Exhibit P. B. from the Medical Officer reached the hospital and took a statement Exhibit P.O. from P.W.-10 as the injured was not in a fit condition to make any statement. On the basis of Exhibit P. O. a case was registered against the appellant and his co-accused under Sec. 307, I.P.C.

(2.)P.W.-17 visited the scene and searched for the appellant but he was absconding. P.W.-17 deputed aconstable on the spot from where he seized a fired cartridge and a live cartridge in presence of witnesses. Then at about 11.00 a.m. on the next day, P.W.-17 after getting opinion of the Medical Officer about the fitness of the injured to make a statement recorded the statement of the injured under Sec. 161 of the Code of Criminal Procedure which is Exh. P. G. On 15-11975 at about 5.00 p.m. P. W.- 17 arrested the appellant and seized the pistol Exhibit P-5.
(3.)XX XX XX
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