- (1.) This petition has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated 31.3.2012 vide which respondent No.1 was acquitted of the charge framed against him.
(2.) Heard.
(3.) Gurpreet Singh and her wife Jagwinder Kaur (respondent No.1) were sent to face trial in FIR No. 36 dated 18.3.2009 for commission of offences under Sections 302, 307, 447, 511/34 IPC and 25 & 27 of the Arms Act, 1959. The process of law was started on a statement made by Gaganpreet Singh (PW-2). The trial Judge has noted the following facts regarding case of the prosecution :- "that on 18.3.2009 SHO/SI Buta Singh along with other police officials was going on official vehicle bearing No. PB-12H-7226 which was being driven by Jugraj Singh, in connection with patrolling and checking towards bus stand Rampura and main road T-Point. On seeking many people gathered at T-Point they reached there. Gaganpreet Singh Bobby son of Darshan Singh, Jat got recorded his statement. He made statement that he was resident of near Patiala Bank, Rampura Mandi. He was agriculturist. His father Darshan Singh was retired teacher and was about 65 years old. Last month, they purchased 580 square yards of land at T-Point, GT Road, Mandi Rampura from Harpal Singh Manshahia, resident of Gandhi Basti Gali No.6, Rampura Mandi. Three shops were built at the front portion of the said plot and rear portion of said plot was lying vacant. The sale deed of the said property was executed in the name of his wife Harjasvir Kaur. Thus they were in possession of the said property from the day of execution of the sale deed since the date of purchase. On that evening he, his father and his relative Charanjit Singh Jatana resident of Phul were sitting in the said shops and were talking. It was 6.00 PM. In the mean time, Gurpreet Singh son of above said Harpal Singh Manshahia armed with .12 bore double barrel gun along with his wife Jagwinder Kaur came there in a white coloured Maruti Car No. DL-3CH-0147. Jagwinder Kaur was carrying a lock. They said that their father did not give them their full share so they had come to lock the shops. They stopped them from doing so. Despite their stopping Jagwinder Kaur started putting locks on the shops. When his father tried to restrain her then Jagwinder Kaur exhorted to her husband that it was the time why he was slinging (gun) on his shoulder. Then Gurpreet Singh fired a shot with his .12 bore gun straight on the back of his father with intention to kill him. On receiving shot, his father fell down on the ground. He also threatened them that they would not be spared. He was about to fire second shot at him with intention to kill him but he with courage caught the barrel of gun and turned the same upwards and fire went in the air. He and above said Charanjit Singh Jatana over powered Gurpreet Singh along with his gun at the spot. He with the help of Gurcharan Singh son of Gurditta Singh, Jat, resident of Karar Wala kept Gurpreet Singh with his gun. Charanjit Singh Jatana arranged the conveyance and took his father to Civil Hospital, Rampura. Wife of Gurpreet Singh fled away from the spot." ;