RANJIT SINGH, J. - (1.) THE petitioner has filed this revision petition impugning his conviction for an offence under Section 338 IPC and the sentence of six months R.I. awarded to him. The petitioner remained unsuccessful in his appeal and has now filed this revision petition. The petition stands admitted since 17.2.2005.
(2.) THE petitioner, who was working as a constable in Punjab police, has filed a miscellaneous petition No. 7908 of 2007 praying for suspension of his conviction during the pendency of the revision petition as he has been dismissed from the service on the basis of conviction and award of sentence. The sentence awarded to the petitioner has already been suspended at the time of admitting this petition. Instead of passing any order on the application seeking stay of conviction, it was considered appropriate to hear the main revision petition. It is in this background that main revision petition itself is taken up for hearing. The facts, in brief, are that on 26.1.1997, the petitioner, as a gunman of Sumandeep Singh, ASI, had gone to Sehnai Palace, Kapurthala to attend the marriage of the daughter of Mohinder Singh. Madan Singh, complainant, was also present there. The drinks were also being served at a large scale. At about 4 p.m. Madan Singh heard a noise of a shot being fired and noticed that the bullet had hit his left knee. One Gopal Dass son of Ujjagar Singh, who was present nearby, also suffered bullet injury. Madan Singh complainant noticed one person standing in the marriage party, holding a stengun in his hand. Later on he came to know his name as Joginder Singh, working as a constable in the Police Department. A vehicle was arranged and Madan Singh was taken to Civil Hospital, Kapurthala. On a complaint made by him, the FIR was registered. During the course of investigation it revealed that Sumandeep Singh ASI was in the process of taking stengun from petitioner Joginder Singh, Constable and during this process, a shot got fired accidentally. This stengun was issued in the name of petitioner-Joginder Singh. It was recovered along with magazine containing 18 bullets. The stengun and the bullets recovered were sealed in a parcel. The petitioner was arrested. After investigation, he was challaned under Section 338 IPC.
(3.) THE case of the prosecution was supported by the evidence of a doctor and the injured. Madan Singh (PW-3) complainant and other witnesses lend support to the prosecution case and to the recovery of weapon etc. The incriminating circumstances were put to the petitioner who pleaded false implication. The petitioner also stated that no shot was fired from his carbine. Rather, he examined Gopal Dass (DW-2), one of the injured, in support of his case. The trial Court, however, convicted him and sentenced him to suffer six months R.I. coupled with fine of Rs. 500/-. Appeal of the petitioner was dismissed and that is how the petitioner has filed the present petition.;