A.S.NEHRA, J. - (1.) CRIMINAL Appeal No. 347 -DBA of 1988 (State of Punjab v. Jagtar Singh and others and Criminal Appeal No. 105 -SB of 1988 Jagtar Singh v. Punjab State), will be disposed of by this common judgment as these arise out of the same judgment of the Additional Sessions Judge, Jalandhar, dated February 18, 1988, by which Jagtar Singh, respondent in Crl. A. No. 347 -DBA of 1988 and appellant in Crl.A. No. 105 -SB of 1988 (hereinafter to be referred to as the 'accused') was acquitted of the charge under Section 307, Indian Penal Code, and instead he was convicted under Section 326, Indian Penal Code, and was sentenced to undergo four years' rigorous imprisonment and to pay a fine of Rs. 1000/ - or in default of payment of fine, to further undergo six months' rigorous imprisonment, while Jasbir Singh and Balbir Singh, respondents in Crl. A. No. 347 -DBA of 1988 and appellants in Crl. A. No. 105 -SB of, 1988 (hereinafter to be referred to as the 'accused) were acquitted of the charge under Section 307 read with Section 34, Indian Penal Code, and instead they were convicted under Section 326 read with Section 34, Indian Penal Code, and each of them was sentenced to undergo two and a half years' rigorous imprisonment and to pay a fine of Rs. 1000/ - or in default of payment of fine, to further undergo five months' rigorous imprisonment. Out of the fine, if realised, Rs. 2000/ - were ordered to be paid to Maninder Singh injured. Criminal Appeal No. 347 - DBA of 1988 has been filed by the State of Punjab against the acquittal of Jagtar Singh accused and Jasbir Singh and Balbir Singh, his co -accused of the charge under Sections 307 and 307/34, Indian Penal Code, while Crl.A. No. 105 -SB of 1988 has been filed by Jagtar Singh, accused, and Jasbir Singh and Balbir Singh, his co -accused, against their conviction and sentence under Sections 326 and 326/34, Indian Penal Code, respectively.
(2.) THE prosecution story, briefly stated, is as follow : - On June 11, 1986, at about 12.30 p.m., Harbhajan Singh along with his brothers Maninder Singh and Balwant Singh were present at their tube -well in their fields, when Balbir Singh accused came there and complained to Maninder Singh that he should not have employed their servant Gian Chand on higher wages as he was earlier working under him. He threatened him and exhorted his brother Jagtar Singh accused to teach Maninder Singh a lesson. At that time, Jagtar Singh accused was armed with a double barrelled gun, while Balbir Singh accused was armed with a dang. Balbir Singh accused raised Lalkara exhorting Jagtar Singh accused as to what for he was waiting and asked him to kill Maninder Singh. Upon this, Jagtar Singh accused fired at Maninder Singh hitting him on his eyes, face, chest and other parts of the body. On an alarm raised by Harbhajan Singh, the accused made good their escape carrying with them their respective weapons. On the same day, Maninder Singh injured was taken to Civil Hospital, Jalandhar, where he was got admitted. At about 5.00/5.15 p.m. on the same day, statement. Ex. PQ. of Harbhajan Singh was recorded by the police. It was read over to him, who, after admitting the same to be correct, signed it. ASI Kesar Singh, who had recorded the statement, Ex. PQ. made his endorsement. Ex. PQ/1, thereon and forwarded it to the police station for registration of the case and on its basis formal First Information Report, Ex. PQ/2, was registered by ASI Darshan Kumar. Initially the police did not submit report under Section 173, Criminal Procedure Code, against Balbir Singh accused. Charge against Jagtar Singh and Jasbir Singh accused was framed. However, after recording the statement of Harbhajan Singh PW, Balbir Singh accused was summoned by the trial Court vide order dated January 9, 1987. Jagtar Singh accused was charged under Section 307, Indian Penal Code, while his co -accused Jasbir Singh and Balbir Singh were charged under Section 307 read with Section 34, Indian Penal Code.
(3.) THE prosecution in order to bring home guilt to the accused examined Dr. Nambudri Pad, Professor of Neuro Surgery, C.M.C., Ludhiana (P.W. 1), Dr. P.S. Aneja, Medical Officer, Civil Hospital, Adampur (P.W. 2), Dr. B.S. Bhaura (P.W. 3), Dr. A.P. Pathak, Registrar, Department of Neuro Surgery, P.G.I., Chandigarh (P.W. 4) Dr. J.L. Goel, Senior Resident, Dr. Rajendra Prasad Centre for Ophthalmic Science, All India Institute of Medical Sciences, New Delhi (P.W. 5). Harbhajan Singh (P.W. 6). Maninder Singh injured (P.W. 7), Dalip Singh Draftsman (P.W. 8), Rajinder Singh, Arms Clerk, Deputy Commissioner's Office, Jalandhar (P.W. 9), A.S.I. Rattan Singh (P.W. 10) and A.S.I. Kesar Singh (P.W. 11), H.C. Dalbir Singh, H.C. Bawa Singh, Constable Ranjit Singh, A.S.I. Darshan Kumar, Dy. S.P. Swaran Singh, S.I. Dilbagb Singh and Dr. D.S. Toor were given up by the prosecution as unnecessary. Affidavits of formal witnesses, namely, MHC Som Nath, Constables Jag Mohan, Nirmal Singh, Exhibits PV, PW and PX, respectively, were tendered in evidence. Reports, Exhibits PDD, PEE and PFF of the Chemical Examiner, Serologist and Forensic Science Laboratory respectively were also tendered in evidence.;