A.N.JINDAL,J - (1.) ACCUSED -appellant Harmesh Lal (hereinafter referred to as appellant) and Dalbir Singh (since acquitted in the case) were tried for the offences under Section 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the Code') and Section 27 of the Indian Arms Act. Consequently, vide judgment dated 14.10.1995, passed by Additional Sessions Judge, Jalandhar, Harmesh Lal-appellant was convicted for the aforesaid offences and was sentenced to undergo RI for 5 years and to pay fine of Rs. 1,000/- and in default of payment of fine, to undergo further RI for 3 months under Section 307 of the Code and RI for 3 years under Section 27 of the Indian Arms Act. However, both the sentences were ordered to run concurrently.
(2.) BRIEFLY stated, the facts as unfolded by Piara Singh-complainant, in his statement Ex. PA, are that on 12.11.1989 at 7 p.m., he was standing in the street in front of his house situated at village Muthadda Kalan, while his son Nirmal Singh (injured) and PW Amarjit Singh were sitting at a distance of about 20 yards from his house. In the meantime, Head Constable Dalbir Singh and Special Police Officer Harmesh Lal (appellant), who were posted at Police Post Muthadda Kalan, came there and asked Nirmal Singh and Amarjit Singh to go back to their respective houses, but Nirmal Singh (injured) told both the accused that they were sitting quite near their house. Thereupon, an altercation ensued, in which Harmesh Lal fired a shot from his .12 bore double barrel gun at the instigation of HC Dalbir Singh on the back of Nirmal Singh. Consequently, Nirmal Singh fell down and the accused managed to flee. Injured Nirmal Singh was shifted to Civil Hospital, Phillaur. On the receipt of letter Ex. PW-4/1 (also exhibited as Ex. PJ) from Civil Hospital, Phillaur, Assistant Sub-Inspector Skattar Singh (PW-7) reached the hospital and enquired about the fitness of the injured Nirmal Singh to make a statement, but the doctor vide endorsements dated 11.11.1999 (Ex. PG/1) and dated 13.11.1999 (Ex. PG/2) declared Nirmal Singh unfit to make any statement. Consequently, upon the statement of Piara Singh Ex. PA, the formal First Information Report Ex. PA/3 was registered against both the accused under Section 307 read with Section 34 of the Code and Section 27 of the Indian Arms Act.
(3.) ASSISTANT Sub-Inspector Skattar Singh (PW-7) handled the investigation. He visited the place of occurrence, lifted some blood-stained earth and took the same into possession vide memo Ex. P/8. He also prepared visual site plan Ex. PH. On 13.11.1999, he arrested the accused Harmesh Lal and recovered one DBBL gun (Ex. P-1) along with 18 live cartridges (Ex. P/2 to P/19). He also prepared rough sketch Ex. PE/1 of the gun Ex. P/1 and sealed the gun along with the live cartridges in separate parcels and took the same into possession vide memo Ex. PE. On 14.11.1989, he took into possession the blood-stained clothes of Nirmal Singh vide memo Ex. PD. Ultimately, he recorded the statement of Nirmal Singh on 17.11.1999 when he was declared fit by the doctor vide opinion Ex. PN/1.;