- (1.) This appeal arises out of the following facts:- At about 1.40 A.M. on September 12, 1992 Inspector gurnam Singh (P.W.- 12) alongwith H.C. Bhupinder Singh (P.W.-6) and other police officials were going in a Government vehicles from the clock Tower towards the Bus Stand, Ludhiana. As the police party came close to the Railway Station, a sound of a gun shot was heard from that side. Inspector Gumam Singh observed a youngman firing shots from the G.T. Road and people running away in order to save themselves but shouting out that a Home Guard Jawan was firing shots in order to kill them. Inspector Gurnam Singh then moved in that direction and found that Bakhshish Singh accused, a Home Guard Jawan posted in Lakkar Bazar, was firing the shots. Bakhshish Singh was accordingly apprehended and a 303 rifle was taken away from him. It was also observed that one Vijay Kumar, who used to repair cycles, had received a serious gun shot injury on his head. H.C. Bakhshish Singh was accordingly deputed to take him to Christan Medical College and Hospital, Ludhiana whereas Rajinder Singh Krishan Kumar, who too had been injured in the firing, were separately removed to the hospital for treatment. On the bass of the ruqa, giving the above information, sent by Inspector Gurnam Singh, a formal F.I.R. for an offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act was registered against the accused at 3.40 A.M. on September 12, 1992 whereas the special report was received by the Chief Judicial Magistrate, Ludhiana at 9.15 A.M., the same morning. Inspector Gurnam Singh also made the necessary investigations and picked up four 4 spent cartridge of .303 rifle from the place of occurrence and they alongwith the rifle were sent to the Forensic Science Laboratory for comparison. Vijay Kumar died soon after and conseqent upon his death, the offence was converted into one under Section 302 of the Indian Penal Code. On the completion of the investigation, the accused was charged for offences punishable under Sections 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act and as he pleaded not guilty, was brought to trial.
(2.) In order to prove its case, the prosecution examined. P.W.-1 Dr. U.S. Sooch, who had medico-legally examined Rajinder Singh at 2.00 A.M. on September 12, 1992 and found four injuries on his person, one of them being caused by a fire arm, and had also examined Bakhshish Singh accused at 2.30 A.M. and observed that he was smelling of alcohol and deeply under its affect; P.W.-2 Dr. S.K. Sharma, who had conducted the post-mortem examination on the dead body of Vijay Kumar and had found three injuries on it, two of them being gun shots (one of entry and the other of exit); P.W.-3 Dr. S.K. Leivon, who had medico-legally examined Krishan Kumar at 2.00 A.M. and had found two grievous gun shot injuries on his person; P.W.-4 Dr. R. Bhushan, who had medico- legally examined Vijay Kumar before his death; P.W.-6 H.C. Bhupinder Singh and P.W.- 11 Krishan Kumar, an injured eye-witness; P.W.- 12 Inspector Gurnam Singh, the Investigating Officer; and P.W.- 15 Sham Lal, who deposed to the effect that he had received the information at about 8.00 P.M. on September 11, 1992 that Bakhshish Singh accused who was his colleague, had taken away his rifle and had run away from the spot on that day. P.W. Rajinder Singh, also an injured eye-witness, was given up as unnecessary.
(3.) The prosecution case was then put to the accused and his statement recorded under Section 313 of the Code of Criminal Procedure. He denied the allegations levelled against him and stated that on September 11, 1992, he had taken a little drink and had entered into an argument with H.C. Bhupinder Singh (P.W.-6) who had taken him to Inspector Gurnam Singh (P.W.-12) and that he had also misbehaved with the Inspector, who had felt insulted and offended on that account. He further stated that he took more liquor thereafter and picked up a quarrel with A.S.I. Ramji Dass and when he had been taken to the hospital for his medical examination, he had slipped away but had later been involved in a false case of murder.;