Satish Kumar Mittal, J. - (1.) COMPLAINANT Harwinder Singh has filed the instant appeal against the judgment dated 27.9.2013 passed by the court of Additional Sessions Judge, Mansa, whereby accused Mithu Singh and Gurtej Singh (respondents No. 2 and 3 herein) have been acquitted of the charge under Section 307 IPC.
(2.) THE case of the prosecution, which is based upon the statement of appellant Harwinder Singh, is that on 5.12.2009 at about 9 AM, when complainant -appellant Harwinder Singh (PW. 1) and his brother Jaswinder Singh (PW. 2) were irrigating their field, Sukhpal Kaur wife of accused -respondent No. 2 Mithu Singh and Jaspal Kaur wife of accused -respondent No. 3 Gurtej Singh diverted the water of water course, resulting into stoppage of supply of water to the field of the complainant. On making enquiry by the complainant in this regard, they started abusing. In the meantime, Jaswant Singh (uncle of the complainant) also reached at the spot. He also advised Sukhpal Kaur and Jaspal Kaur, but they did not stop from abusing. Sukhpal Kaur raised lalkara. Thereupon, Mithu Singh (accused -respondent No. 2) armed with.12 bore rifle and his brother Gurtej Singh (accused -respondent No. 3) armed with.315 bore rifle came there. Mithu Singh fired a shot from his rifle with intention to kill the complainant side, but they ran away and took shelter behind heap of narma. While they were running, Gurtej Singh also fired shot with intention to kill them. They raised alarm, which attracted number of persons from the village. Then both the accused along with their wives left the spot while threatening the complainant party with dire consequences. The cause of grudge, as stated by the complainant, was that both the accused were intending to take forcible possession of the land of the complainant. The statement of the complainant was recorded by ASI Rajinder Singh (PW. 8), on the basis of which the formal FIR was recorded. Spot inspection was conducted and the accused were arrested. The weapons of offence along with live cartridges were recovered from them, which were taken into possession. One empty cartridge from each accused was also recovered. Accused Mithu Singh also produced licence of his rifle, which were also taken into possession. During investigation, Sukhpal Kaur and Jaspal Kaur were found innocent.
(3.) AFTER completing investigation, challan was filed and charge under Section 307 IPC was framed against both the accused, to which they did not plead guilty and claimed trial.;