DALBIR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-8-161
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 27,2013

DALBIR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Cited Judgements :-

PARDEEP KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2015-2-240] [REFERRED TO]


JUDGEMENT

- (1.)As identical questions of law and facts are involved, therefore, I propose to decide CRA No.1059-SB of 2001 filed by appellants-convicts Dalbir & Anr. (for brevity "the appellants") and CRR No.133 of 2002 filed by petitioner-complainant Gurdial Singh (for short "the complainant"), arising out of the same impugned judgment of conviction & order of sentence of trial Judge, by virtue of this common decision, in order to avoid the repetition.
(2.)The crux of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant appeal & revision petition and emanating from the record, as claimed by the prosecution, is that on 26.11.1997, complainant Gurdial Singh (PW1), Chairman of Block Smiti, Bhikhiwind along with his brother Naunihal Singh (PW2), Baljit Singh and Deva Singh had gone to village Amarkot in his jeep, bearing registration No.PB-02-H-2866 in connection with canvassing for the panchayat election. PW2 Naunihal Singh was driving the jeep and the complainant was sitting on the front seat near the driver, whereas Baljit Singh and Deva Singh were sitting on its rear seat. At about 7 P.M., when they were returning to their village and reached near the BSF Headquarter of the village on Amritsar Khemkaran road, then, a Maruti car, bearing registration No.PB-38-2858 came from the opposite direction at a high speed and crossed their jeep. The Maruti car took a back turn and chased their jeep. As soon as, they reached near village Dibipur, in the meantime, the Maruti car overtook them and came at their right side. Appellant Surjit Singh was driving the Maruti car, whereas appellant Dalbir Singh alias Bira was sitting on the front seat. The complainant was having his licensed .12 bore DBBL gun and his brother Naunihal Singh was having his licensed .38 bore revolver. In the process of overtaking, appellant Dalbir Singh took out his revolver and fired four shots with the intention to kill them. The 1st shot hit the right side view mirror, the 2nd shot hit the wind screen, 3rd shot hit the number plate, whereas the 4th shot passed through the broken wind screen of the jeep. The shots did not hit any body. According to the complainant that he has also fired two rounds from his licensed .12 bore double barrel gun and his brother Naunihal Singh fired from his licensed revolver towards the appellants in their self defence. It was alleged that Major Singh, father of appellant Surjit Singh was Sarpanch, he embezzled the amount of grant of development of the village and a criminal case was registered against him. The motive alleged was that the appellants suspected that the inquiry was initiated against Major Singh at the instance of the complainant.
(3.)Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that appellant Dalbir Singh fired four shots and attempted to murder the complainant with their common intention. In the background of these allegations and in the wake of statement (Ex.PE) (Ex.PA) of the complainant, the present criminal case was registered against the appellants, by means of FIR No.195 dated 26.11.1997 (Ex.PF), on accusation of having committed the offences punishable u/s 307 read with section 34 IPC and section 25 of the Arms Act by the police of Police Station Valtoha, District Amritsar in the manner depicted here-in-above.


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