- (1.) This appeal, originally brought by Harcharan Singh and Gurcharan Singh and continued by Harcharan Singh alone because Gurcharan Singh has died and his appeal has abated, is directed against the judgment dated 28.8.2000 passed by learned Additional Sessions Judge, Bathinda vide which the appellant has been held guilty and convicted for an offence punishable under sections 326 and 307 read with section 34 IPC and the order on sentence of the same day vide which the following sentence was awarded to the appellant, Harcharan Singh.
(2.) Offence Sentence Fine In default u/s 326 IPC RI for 3 years Rs.1000/- RI for one month u/s 307/34 IPC RI for 4 years Rs.1000/- RI for one month All the sentences were ordered to run concurrently. The case set up against the appellant and Gurcharan Singh (deceased) is as under :- On 30.10.1991 at about 6.00 PM, Nazar Singh, the complainant alongwith his son Jalaur Singh was returning from his fields to his house. He was moving a little ahead of his son, Jalaur Singh. When Nazar Singh was near the house of Gurcharan Singh, accused, he saw Harcharan Singh armed with a gandasas and Gurcharan Singh armed with a 12 bore DBBL gun standing in front of their house. Gurcharan Singh raised a lalkara of not sparing the complainant on that day in connection with stealing of water. At this, Harcharan Singh gave a gandasas blow on the forehead of Nazar Singh, the complainant. Nazar Singh fell down and raised alarm. In the meanwhile, Sukhmander Singh, nephew of Nazar Singh came there. He asked the accused not to kill Nazar Singh. At this, Gurcharan Singh accused fired a shot from his gun towards Sukhmander Singh in order to kill him and some of the pellets of the shot hit Sukhmander Singh. Accused then slipped inside their house with their respective weapons. Jalaur Singh took both the injured to Civil Hospital, Rampura, from where they were referred to Civil Hospital, Bathinda where they were medico legally examined. While making the statement regarding the occurrence, the complainant had stated that there was a dispute between the parties with regard to canal water about 2/3 months before the occurrence and on account of that grudge the accused had assaulted the complainant. On the said statement, in place of registering the case, ASI Swaran Singh made an entry in the Daily Diary Register of the Police Station as the matter appeared to be suspicious. Then ASI Kewal Singh ordered the registration of the case on 4.11.1991 and on his orders, formal FIR was recorded. ASI Swaran Singh took up the investigation and during his visit to the spot, he prepared a rough site plan thereof. He took into possession the blood stained clothes of Nazir Singh by giving them the shape of a parcel and sealing them by way of a recovery memo. He recorded statements of the other witnesses. He arrested the accused on 6.11.1991 and recovered the double barrel gun from Gurcharan Singh, accused. On completion of other formalities of investigation, challan was prepared against the accused.
(3.) Vide orders dated 7.5.1993, charge was framed against the two accused for an offence punishable under sections 326, 307 read with section 34 IPC and against Gurcharan Singh for an offence punishable under section 27 of the Arms Act. The accused pleaded not guilty of the charge and claimed trial.;