STATE OF PUNJAB Vs. JAGTAR SINGH

JUDGEMENT

(1.) CRIMINAL Appeal No. 347 -DBA of 1988 (State of Punjab v. Jagtar Singh and others and Criminal Appeal No. 105 -SB of 1988 Jagtar Singh v. Punjab State), will be disposed of by this common judgment as these arise out of the same judgment of the Additional Sessions Judge, Jalandhar, dated February 18, 1988, by which Jagtar Singh, respondent in Crl. A. No. 347 -DBA of 1988 and appellant in Crl.A. No. 105 -SB of 1988 (hereinafter to be referred to as the 'accused') was acquitted of the charge under Section 307, Indian Penal Code, and instead he was convicted under Section 326, Indian Penal Code, and was sentenced to undergo four years' rigorous imprisonment and to pay a fine of Rs. 1000/ - or in default of payment of fine, to further undergo six months' rigorous imprisonment, while Jasbir Singh and Balbir Singh, respondents in Crl. A. No. 347 -DBA of 1988 and appellants in Crl. A. No. 105 -SB of, 1988 (hereinafter to be referred to as the 'accused) were acquitted of the charge under Section 307 read with Section 34, Indian Penal Code, and instead they were convicted under Section 326 read with Section 34, Indian Penal Code, and each of them was sentenced to undergo two and a half years' rigorous imprisonment and to pay a fine of Rs. 1000/ - or in default of payment of fine, to further undergo five months' rigorous imprisonment. Out of the fine, if realised, Rs. 2000/ - were ordered to be paid to Maninder Singh injured. Criminal Appeal No. 347 - DBA of 1988 has been filed by the State of Punjab against the acquittal of Jagtar Singh accused and Jasbir Singh and Balbir Singh, his co -accused of the charge under Sections 307 and 307/34, Indian Penal Code, while Crl.A. No. 105 -SB of 1988 has been filed by Jagtar Singh, accused, and Jasbir Singh and Balbir Singh, his co -accused, against their conviction and sentence under Sections 326 and 326/34, Indian Penal Code, respectively.

(2.) THE prosecution story, briefly stated, is as follow : -

(3.) THE prosecution in order to bring home guilt to the accused examined Dr. Nambudri Pad, Professor of Neuro Surgery, C.M.C., Ludhiana (P.W. 1), Dr. P.S. Aneja, Medical Officer, Civil Hospital, Adampur (P.W. 2), Dr. B.S. Bhaura (P.W. 3), Dr. A.P. Pathak, Registrar, Department of Neuro Surgery, P.G.I., Chandigarh (P.W. 4) Dr. J.L. Goel, Senior Resident, Dr. Rajendra Prasad Centre for Ophthalmic Science, All India Institute of Medical Sciences, New Delhi (P.W. 5). Harbhajan Singh (P.W. 6). Maninder Singh injured (P.W. 7), Dalip Singh Draftsman (P.W. 8), Rajinder Singh, Arms Clerk, Deputy Commissioner's Office, Jalandhar (P.W. 9), A.S.I. Rattan Singh (P.W. 10) and A.S.I. Kesar Singh (P.W. 11), H.C. Dalbir Singh, H.C. Bawa Singh, Constable Ranjit Singh, A.S.I. Darshan Kumar, Dy. S.P. Swaran Singh, S.I. Dilbagb Singh and Dr. D.S. Toor were given up by the prosecution as unnecessary. Affidavits of formal witnesses, namely, MHC Som Nath, Constables Jag Mohan, Nirmal Singh, Exhibits PV, PW and PX, respectively, were tendered in evidence. Reports, Exhibits PDD, PEE and PFF of the Chemical Examiner, Serologist and Forensic Science Laboratory respectively were also tendered in evidence.