SNEH PRASHAR,J. - (1.) This appeal was preferred by appellants Kuku Singh and Mithu Singh, assailing the judgment of conviction and order of sentence dated 05.03.2004 recorded by learned Additional Sessions Judge, Mansa, in case bearing First Information Report No.79 dated 03.09.2001 registered at Police Station Sadar Mansa vide which they (appellants) were convicted for commission of offence under Section 307 read with Section 34 of the Indian Penal Code (for short "I.P.C.") and under Section 27 and 30 of the Arms Act and were sentenced as under:- Name of accused Nature of offence Sentence awarded 1. Kuku Singh U/S 307 IPC U/S 307/34 IPC U/S 27 and 30 of the Arms Act Sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 2000/-. In default to pay fine to further undergo rigorous imprisonment for a period of one month. Sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 2000/-. In default to pay fine to further undergo rigorous imprisonment for a period of one month. Sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/-. In default to pay fine to further undergo rigorous imprisonment for a period of 15 days. 2. Mithu Singh U/S 307 IPC U/S 307/34 IPC U/S 27 and 30 of the Arms Act Sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 2000/-. In default to pay fine to further undergo rigorous imprisonment for a period of one month. Sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 2000/-. In default to pay fine to further undergo rigorous imprisonment for a period of one month. Sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/-. In default to pay fine to undergo rigorous imprisonment for a period of 15 days.
(2.) The relevant facts gathered from the record are as under:- Based on the statement Ex.PA of Bhola Singh son of Magar Singh, resident of village Khokhar Khurd, before ASI Lal Inder Singh, a First Information Report No.79 under Sections 307/342/34 I.P.C. read with Section 27 and 30 of the Arms Act, 1959 (Ex.PD/2) was registered at Police Station Sadar, Mansa on 03.09.2001. The allegation of complainant Bhola Singh was that on 02.09.2001 at about 3:30 p.m., he was going to his fields carrying tea to be served to his workers in the fields. When he reached near bus stand Khokhar Khurd, he saw Kuku Singh son of Karnail Singh standing there. In the meantime, Santokh Singh son of Gobind Singh, resident of Mansa driving a scooter and armed with a Gandasa, kept in the front portion of the scooter, along with Mithu Singh son of Dhanna Singh, travelling as a pillion rider and armed with 12 bore double barrel DBBL gun, came from the side of Khokhar Kalan. Santokh Singh instantaneously stopped the scooter and gave a Lalkara that 'Bhola Singh be not spared'. To save his life, he (Bhola Singh) immediately took a back turn and started running. He entered into the house of Chand Singh, brother of the Chowkidar. While he was entering the house, Mithu Singh, with an intention to murder him, fired a gun shot which hit on the back side of his left thigh. As he went into the house, Kuku Singh, snatching the gun from Mithu Singh, entered the adjoining house of Balour Singh and from the intervening wall fired a gun shot towards him which hit on the front side of his right thigh near the private part and he fell down. Santokh Singh was hurling abuses standing outside the house and was saying that the case relating to the plot has been decided.
(3.) The complainant further stated that hearing about the occurrence, his brother Mithu Singh and Major Singh son of Kartar Singh, resident of Khokhar Khurd reached the spot. Seeing them, all the three assailants, taking their respective weapons, fled away on the scooter towards Khokhar Kalan.;