- (1.) BY way of this common judgment, CRA Nos.385 -SB -2001 (Gurpreet Singh @ Gopi V the State of Punjab) and 426 -SB -2001 (Darshan Singh V State of Punjab) are being decided since both the appeals are arising out of one and the same judgment passed by learned Additional Sessions Judge, Faridkot, whereby appellants Gurpreet Singh @ Gopi and Darshan Singh were held guilty for the offences punishable under Sections 307 and 459 read with Section 34, IPC, and Section 27 of the Arms Act, and were awarded the following sentences: Appellant - Gurpreet Singh Offence Sentence (R.I.) Fine In Default (RI) 307, IPC 7 years Rs. 1000/ - 3 months 459, IPC 7 years Rs. 1000/ - 3 months 27, Arms Act 3 years Rs. 500/ - 3 months Appellant -Darshan Singh Offence Sentence (R.I.) Fine In Default (RI) 307/34, IPC 5 years Rs. 1000/ - 3 months 459/34, IPC 7 years Rs. 1000/ - 3 months 27, Arms Act 3 years Rs. 500/ - 3 months
(2.) ALL the substantive sentences were ordered to run concurrently.
(3.) BRIEF facts of the case are that PW -3 Karamjit Singh (complainant) while admitted in the Civil Hospital at Moga, got recorded his statement (Ex.PC) to ASI Nirmal Singh (PW7) alleging that on the intervening night of 30th and 31st May, 1995, at about 1.00 a.m., he was sleeping on the roof of his house with his mother Satnam Kaur (PW4), brother Tarlok Singh and sister Kanwaljit Kaur. In the meantime, the appellants came there and declared that the complainant would be taught a lesson for the dispute which he had with appellant Darshan Singh. Complainant was embraced by appellant Darshan Singh and in the meantime, Gurpreet Singh @ Gopi fired a shot, which hit on the right side of chest, above the nipple of complainant. On hearing the noise, Satnam Kaur (PW4) the mother of the complainant, as well as his brother and sister woke up. Satnam Kaur (PW4) by means of torch light saw the appellants and raised alarm. The complainant saw that the person, who grappled with him was Darshan Singh (appellant) while the other person Gurpreet Singh (appellant), aged about 20 -22 years old, wearing kurta pyajama, could be identified by him if he was brought before him. On hearing the noise being made by the complainant side, both the appellants with their respective weapons took to their heels from the place of occurrence. Out of fear, the injured as well as the other inmates of the house remained confined in the house during the night hours and in the morning, injured Karamjit Singh (PW3) was carried to the Civil Hospital, Moga, where he was medico -legally examined by Dr.Mohinderpal (PW2). The motive for causing the injury to the complainant Karamjit Singh (PW3) was that Darshan Singh appellant had a dispute with him (complainant) over a street, for which the appellants had attempted to kill complainant Karamjit Singh. The statement of Karamjit Singh (Ex.P6) was sent to the Police Station for registration of a case, on the basis of which formal FIR (Ex.PC/2) was registered. The Investigating Officer (PW7) went to the place of occurrence and prepared the rough site plan (Ex.PJ). The blood stained earth was taken into possession vide recovery memo (Ex.PK). One empty cartridge of .12 bore was also taken into possession vide recovery memo (Ex.PD). The belongings of the injured and one empty vial were also taken into possession vide recovery memo (Ex.PL). During the course of investigation, appellant Gurpreet Singh was arrested on 06.09.1995 by ASI Vakeel Singh in the presence of ASI Atma Singh (PW6). At that time, accused Gurpreet Singh was accompanied by Charanjit Singh @ Charna, Baldev Singh @ Veera Singh and Baljinder Singh @ Raja (later the three were acquitted by learned trial Court). Other accused were arrested by ASI Suraj Bhan and ASI Atma Singh. .12 bore double -barrel gun along with four cartridges was recovered. On unloading the said gun, two live cartridges of the same bore were also recovered. In addition, two live cartridges of the same bore were recovered from the pocket of the shirt of Gurpreet Singh (appellant). He could not produce any licence or permit for possession of the gun and the cartridges. The recovered gun and the cartridges were taken into possession vide recovery memo (Ex.PE). The rough site plan of the place of the recovery of the gun and the cartridges was prepared. A separate case bearing FIR No.49 dated 06.08.1995 for the offence punishable under Section 25 of the Arms Act, was registered at Police Station Mehna, District Faridkot, against Gurpreet Singh @ Gopi (appellant).;