A.N.JINDAL,J - (1.) THIS judgment shall dispose of Criminal Appeal No. 699-SB of 2005 and Criminal Revision No. 1480 of 2005.
(2.) THE appeal arises from the judgment dated 31.3.2005 passed by Additional Sessions Judge, Fast Track Court, Ferozepur vide which out of four accused, Gurbux Singh was acquitted whereas the remaining three accused/appellants namely Rajinder Singh, Har Bhagwan Singh and Kabal Singh were convicted under Sections 307, 186, 353, 341, 332 read with Section 34 IPC and were sentenced as under :- Name of the accused Offence Sentence 1. Rajinder Singh 307 5 years and a fine of Rs. 1000/- 186 3 months and a fine of Rs. 200/- 353 1 year and a fine of Rs. 500/- 341 one month 332 1-1/2 years and a fine of Rs. 500/- 27 Arms Act 3 years and a fine of Rs. 700/- 2. Har Bhagwan Singh @ Harprit Singh and Kabal Singh 307/34 5 years and a fine of Rs. 1000/- each. The case as unfolded by the prosecution is that Jagir Singh Junior Engineer posted at PSEB, Mamdot, village Chak Roa Ke Hithar falls within the jurisdiction of Mamdot. Due to the paucity of the electricity in the area, Jagir Singh informed the villagers that the electricity could be supplied to them at single phase if they stop operating their electric motors from the area, however, in the beginning, they stopped operating the electric motors but again on receipt of the complaint regarding operating of the motors by the accused, injured PW-2 Jagir Singh, Junior Engineer, went to the fields and removed the capacitors and starters of the electric motors belonging to the accused. At this, Rajinder Singh along with Har Bhagwan Singh followed Jagir Singh and the complainant Bohar Singh who were also on their motor cycle. Similarly Kabal Singh son of Rajinder Singh and one Gurbux Singh also followed the car. Rajinder Singh and Har Bhagwan Singh intercepted the motor cycle of Jagir Singh by bringing their motor cycle in front of it. Similarly, Kabal Singh stopped his car at the back of the motor cycle. Gurbux Singh exhorted Rajinder Singh to catch Jagir Singh and shoot him as he was preventing them from operating their electric motors. At this, Rajinder Singh fired a shot on the right side of his chest, internal portion of his arm and on upper right side on his shoulder of Jagir Singh. One pellet of the said shot hit the complainant in his left thigh. The hue and cry attracted may people resultantly the accused fled away from the spot.
(3.) SINCE Jagir Singh, Junior Engineer was preventing the accused from operating the electric motors from the single phase power supply and had removed the capacitors and starters of the electric motors as they were not obeying the orders, therefore, they had grudge against Jagir Singh and caused injuries to him. The occurrence took place on 17.7.2004 at 10 p.m. The police reached the hospital at 8.40 a.m. and recorded the statement of Bohar Singh complainant Ex. P-1 at 12.20 p.m. and FIR Ex. P-28 was registered at 1.25 a.m. It reached the Illaqa Magistrate at 4.20 p.m. Investigation commenced. Statements of the witnesses were recorded. MLRs of the injured were collected. Site plan was prepared. Accused were arrested and on completion of formalities, the challan against them was presented in the Court.;