S.D. Anand, J. - (1.) APPELLANT Joginder Singh is in appeal against his conviction by the learned Trial Judge for offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Khushwant Singh, a co -accused of the appellant, was acquitted by the learned Trial Court.
(2.) THE precise prosecution allegations, at the trial, may be indicated in the first instance. On 30.10.1996, at about 6.30 P.M., PW 3 Nirmal Singh was present at his house. Baldev Singh and Sukhchain Singh were also available over there at that point of time. Appellant Joginder Singh came over there while he was armed with a double barrel gun. On the exhortation of the acquitted accused Khushwant Singh to teach a lesson to Sukhchain Singh for not providing the 'path', the appellant fired a shot which hit right leg of Baldev Singh. When the appellant tried to fire another shot, Sukhchain Singh pushed the barrel of the gun upwards and the shot came to be fired in the air. The appellant, thereafter, fled the spot and carried along the gun. Baldev Singh was in the process of being removed to a hospital at Amritsar in a tractor trolley when he died. The prosecution examined PW 1 Dr. Tejwant Singh, PW2 Sukhchain Singh, PW 3 Nirmal Singh and PW 4 SI Avtar Singh.
(3.) PW 1 Dr. Tejwant Singh, who had conducted the post -mortem examination on the dead body of Baldev Singh, found the following antemortem injuries on the dead body: 1. A wound measuring 3 cm x 2.5 cms was present on the right thigh in its lower part 5 cms above the upper margin of patella on its front surface. The margins of the wound were inverted and irregular. A fine ring of blackening was present around the margins. The clotted blood was present. 2). A lacerated wound with everted margins irregular in shape was present on the posterior surface of lower part of right thigh involving right popleteal fossa. It measured 18 x 09 cms at its widest p Article Clotted blood was present in the wound. On dissection of injuries No. 1 and 2, a track communicating injury No. 1 and No. 2, was present horizontally traversing from front to backward. The underlying muscles were lacerated and everted at the posterior surface. The right finger at its lower end was fragmented into chips. Both the condyles were fractured. The knee joint was exposed. The ligaments and right femoral blood vessel and nerve were ruptured and ragged. The potella, upper end of right tibia and fibula were intact. Three pallets recovered from the wound during dissection were removed and packed and sealed in a glass veil with one seal on it.;