- (1.) The present appeal has been directed against the judgment/order dated 28.2.2000 whereby the learned Additional Sessions Judge (I), Bhiwani convicted the appellant Kanwar Singh under section 307 Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- and, in default of payment of fine, to further undergo rigorous imprisonment for one year. For the offence under section 25 of the Arms Act, he was sentenced to undergo rigorous imprisonment for three years. Both the sentences were ordered to run concurrently.
(2.) The brief facts of the case stand reflected in para 1 of the judgment of the Learned trial Court, which are re-produced as under:- " On 12.3.1998 at about 8-8.15 A.M, Hoshiar Singh and hisson Jitender were sitting in their house. The house of his brother Om Parkash is adjacent to the house of Kanwar Singh accused. Kanwar Singh and his sons Bhoop Singh and Pawan Kumar started hurling abuses to Hoshiar Singh at the kind (water-tank) situated near the house of his brother Om Parkash. Hoshiar Singh and Jitender went there and asked Kanwar Singh as to why they were hurling abuses. An altercation took place between them and they also exchanged slaps and fist blows. All of sudden Kanwar Singh took out a country made pistol from his right Dub and fired at Jitendr with an intention to kill him. The hand in which the pistol was being carried by Kanwar Singh was hit by Hoshiar Singh with his hand, as a result of which the shot fired from that pistol hit right leg of Hoshiar Singh below the knee and he fell on the ground. Jitender started lifting his father Hoshiar Singh upon which Pawan Kumar accused gave a knife blow on his left armpit. Hoshiar Singh and Jitender raised noise on hearing which Om Parkash and Smt. Babita wife of Jitender came there. Smt. Babita snatched the pistol from the hand of Kanwar Singh and entered in to the house of Om Parkash, brother of Hoshiar Singh. Kanwar Singh and his sons Bhoop Singh and Pawan Kumar also entered that house and gave slaps and fist blows to Smt. Babita and snatched the pistol from her. Thereafter several persons of the village collected there and on seeing them Kanwar Singh and his co-accused Pawan Kumar and Bhoop Singh ran away from that place. Some injuries were also inflicted by the complainant to theaccused in self-defence. Some dispute was going on between Kanwar Singh and Hoshiar Singh pertaining to the boundary (Dol) of their fields and in the morning of 12.3.1999 an altercation had taken place between Jitender son of Hoshiar Singh and Pawan Kumar son of Kanwar Singh, wherein they had exchanged abuses. Om Parkash took Hoshiar Singh injured to the Civil Hospital, Siwani, where he was provided some treatment and was referred to the Civil Hospital, Bhiwani."
(3.) All the accused were charge-sheeted under sections 307/34, 323/34 and 452/34 of the Indian Penal Code on 13.8.1998. Kanwar Singh was also charge-sheeted under section 25 of the Arms Act. The accused pleaded not guilty to the charges and claimed trial.;