SHAM SUNDER, J. - (1.) THIS appeal is directed against the judgment of conviction and the Order of sentence dated 18-10-1994, rendered by the Court of District and Sessions Judge, Chandigarh, vide which it convicted the accused/appellant, for the offence punishable under Section 304-A of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for one year, whereas, he was acquitted for the offence under Section 304 part II of the Indian Penal Code.
(2.) THE facts, in brief, are that, on 13-05-1991, Constable Ajmer Singh (PW-10) was posted in Police Station, Sector 36, Chandigarh, as gun man of the Station House Officer Inspector Bakshish Singh. At about 06.15 p.m., he had gone to the Malkhana, for obtaining a carbine, from the accused posted as MMHC in the said Police Station. The accused picked up a carbine, and placed it, on the table remarking that it was a new weapon, and he would test it, as sometimes, the weapon misfires. Saying so, the accused slipped a magazine into the carbine. Six live cartridges came out of the magazine, on being taken out, one by one, by the accused. At that time, Constable Inderjit Singh and Constable Surinder Kumar, were also present at that place. The accused lifted his hand from the cocking handle of the carbine, as a result whereof, his finger hit the trigger of the said weapon, and six rounds got fired from the carbine, which hit Constable Surinder Kumar, who was standing near the table, and towards whom the muzzle of the weapon, was then pointed. Surinder Kumar fell down, on the floor. He was immediately removed to the Post Graduate Institute of Medical Education and Research, Chandigarh, where, he succumbed to his injuries on 16-05-1991. On receipt of an intimation, regarding the admission of Surinder Kumar, Constable of Police Station, Sector 36 from the Post Graduate Institute of Medical Education and Research, an A.S.I., namely Hari Prem of the aforesaid Police Station, went to that Institute, and moved an application before the doctor, as to whether, the injured was fit to make a statement. The doctor opined that he was unfit to make a statement. On the basis of the statement (exhibit PK/1) made by Ajmer Singh, F.I.R. (exhibit PK/2) was registered. During the course of investigation, carbine (P1) along with magazine, six live cartridges and six empty cartridges were recovered. Separate parcels were prepared and the same were taken into possession vide memo (exhibit 'PL') attested by the witnesses. The accused was arrested. On 16-05-1991, a report was received from the P.G.I., that Surinder Kumar, who was admitted with fire arm injuries, had expired. Hari Prem, A.S.I., prepared the inquest report (exhibit PF) of the dead body of Surinder Kumar. The dead body was sent to the General Hospital for postmortem examination. The post mortem on the dead body was conducted by the doctor. The statements of the witnesses were recorded. After obtaining sanction (exhibit PG) for launching prosecution, against the accused, and after the completion of investigation, the challan was presented under Section 304 I.P.C.
(3.) ON his appearance, in the Court of the Committing Magistrate, the copies of documents, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Section 304 Part II I.P.C., was framed against the accused, to which he pleaded not guilty and claimed judicial trial.;