N.N. Mathur, J. - (1.) This appeal is directed against the judgment dated 30.9.1982 passed by the learned Addl. Sessions Judge, Raisinghnagar, convicting the first and second appellants- Sohan Singh and Lakha Singh for the offence under section 307 IPC and sentencing each of them to two years' rigorous imprisonment and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo one month's R.I. Third appellant-Amar Singh has been convicted for the offence under section 307/109 IPC and sentenced to one and half years' rigorous imprisonment and to pay a fine of Rs. One hundred and in default of payment of fine to further undergo one month' R.I.
(2.) The prosecution case is that on 28.11.1979, Jeet Singh lodged an FIR at Police Station, Anoopgarh, stating inter Alia that on 27.11.1979 in the night at about 10.00 p.m., he along with his nephew-Jaswant Singh had gone to the field to look after the crop. At about 10.30 p.m., when they reached near the water course, they found that it was overflowing. When they proceeded about 10-15 steps from the outlet, they saw five persons standing there. On their asking as to who they were, accused Amar Singh shouted that enemies have come. He also exhorted Sohan Singh to fire the gun. Sohan Singh, who was armed with a twelve bore gun, fired at Jeet Singh. The pellets hit his right thigh. Thereafter, accused-Lakha Singh also fired, which hit on his right leg from the back side. The informant also stated that pipe lines were installed in the Canal to illegally fetch the water from the Canal. On this information, police registered a case for the offences under sections 379 & 307 IPC and proceeded with investigation. After usual investigation, police filed a charge-sheet against the appellants and two others for the aforesaid offences. They were tried by the learned Addl. Sessions Judge, Raisinghnagar. During trial, the prosecution examined twelve witnesses and produced certain documents. The learned Sessions Judge convicted and sentenced the appellants as stated above.
(3.) It is contended by Mr. Garg, learned counsel appearing for the appellants that entire prosecution case is false and fabricated, being full of improbabilities and contradictions. In the alternative, it is submitted that as all the injuries on the person of injured are simple in nature and attaining circumstances do not demonstrate that appellants attempted to commit murder of Jeet Singh and, therefore, their conviction under section 307 IPC or 307/109 IPC is illegal.;