Kanwaljit Singh Ahluwalia, J. - (1.) THE present appeal has been filed by Hira Mal alias Hira Lal who, along with his co -accused Sham Lal alias Same Singh and Krishan, was named as an accused in case FIR No. 45 dated 15.2.2001, registered at Police Station Civil Lines, Karnal, under Section 307 read with Section 34 IPC.
(2.) THE Court of Additional Sessions Judge (Ad hoc), Karnal, vide its judgment dated 30.11.2002, had acquitted Sham Lal alias Same Singh and Krishan, co -accused of the Appellant but held the Appellant guilty for the offence under Section 307 IPC and vide a separate order dated 3.12.2002, sentenced him to undergo rigorous imprisonment for a period of 3 1/2 years and to pay a fine of Rs.5,000, in default whereof to further undergo rigorous imprisonment for a period of nine months. In the present case FIR Ex.PK/2 was registered on the basis of a statement Ex. PK made by PW.8 Karambir, wherein he stated that he was engaged in the agricultural work. His brother Ram Kiran was married on 11.3.1996 with Basto alias Rani Devi daughter of Rattan Singh in village Bhalsi. On 15.5.1999, Basto Devi had left her matrimonial home along with her daughter as she was suspecting her husband of infidelity. It was alleged by Basto Devi that her husband was having an illicit relations with her Jethani, wife of elder brother of husband. On 18.5.1999, Hira Mal, brother of Basto Devi, got registered a case bearing FIR No. 256 at Police Station Sadar, Karnal, under Sections 498 -A, 364 and 304 -B IPC against complainant Karambir, his father Samey Singh, brother Ram Kiran, mother Sona Devi and wife Bala Devi. On the day of occurrence i.e. 15.2.2001, hearing of the case was fixed in the Court of Additional Sessions Judge, Karnal and they were standing in the Court compound. Jagmal Singh son of Nafe Singh was also standing near the complainant party. At about 10.40 A.M., Appellant Hira Mal alias Hira Lal accompanied by Krishan son of Chandgi and Sham Lal alias Same Singh, came on a Yamaha motorcycle and after parking the same, they proceeded towards the complainant party. Krishan and Sham Lal alias Same Singh exhorted to take revenge for death of Basto Devi. Thereafter, Appellant Hira Mal took out his country made pistol, which he had wrapped around his body, from below the chaddar and had fired a shot. The shot had hit Ram Kiran, husband of his sister Basto Devi, on the right side of his chest. After causing the fire arm injury, the accused decamped from the spot.
(3.) THE above said FIR was investigated and the report under Section 173 Code of Criminal Procedure was submitted.;