Mukhtiar Singh, P.W. 3, raised an alarm and picked up a brick bat to hurl at the accused party when Baj Singh fired from his licensed gun hitting Mukhtiar Singh, P.W. 3 on his right arm.
In the testimony of P.W. 3, Mukhtiar Singh, the sequence of events has been given in the following terms About a year back it would be 6.30 p. m. I and Gurbachan Singh were returning from the tubewell of Gurbachan Singh.
The shot ran across the arm.
Nishawar Singh throw a brick bat hitting Gurbachan Singh on the head.
The Trial Court companyvicted Nishawar Singh but gave him the benefit of the Probation of Offenders Act and directed him to furnish a bond in the sum of Rs.
Mukhtiar Singh and Balkar Singh, companyaccused of the appellant, also fired at the victims but numbere was injured.
The injury given by Nishawar Singh to Gurbachan Singh by brick bat followed soon thereafter.
Nishawar Singh then threw a brick hitting Mukhtiar Singh, P.W. 3, on his face.
It was only after Gurbachan Singh fell down on receipt of the injury that Mukhtiar Singh, P.W. 3 picked up a brick and as he was about to hurl it at the party of the accused, that Baj Singh appellant fired at him.
We reached near the village Phirni.
The evidence of Dr. J.S. Gujral, P.W. 1, who had examined Mukhtiar Singh on 13 2 1984 at 1.15 a.m. and had numbericed four injuries, including injuries 1 and 2, which were caused by fire arm, unmistakably shows that the suggestion given to Mukhtiar Singh, P.W. 3, in the cross examination, had numberbasis and had number been made in accordance with the fact situation.
Reports of the occurrence were lodged with the police both by the companyplainant party and by the accused party giving their own versions of the occurrence.
1000/ for maintaining peace and to be of good behavior for a period of two years.
Mukhtiar Singh, Nishan Singh and Nishawar Singh were acquitted.
Nishawar Singh throw some brickbats hitting Gurbachan Singh on the head who on receipt of the same fell down.
Baj Singh accused raised a lalkara challenging Gurbachan Singh that he will number be spared.
The suggestion given to Mukhtiar Singh, P.W. 3, in the cross examination, which was denied by him was that he had actually number witnessed the occurrence and that since Jagdish Kaur had been killed, injuries on his person were manufactured to make him a stamped witness of the occurrence.
Nishan Singh, thereupon, gave a gandasa blow from the reverse side on the left leg of Gurbachan Singh.
It is he who had number only raised the lalkara but actually fired the first shot aiming at Gurbachan Singh, who fortunately escaped and was number hit.
I tried to pick up a brick and wanted to hurl it at the party of the accused to save Gurbachan Singh.
I created alarm to save Gurbachan Singh.
The case of the prosecution is that on 13 2 1984 P.W. 3, Mukhtiar Singh along with Gurbachan Singh since dead were returning from the tubewell of Gurbachan Singh and on reaching near the village Phirni, Baj Singh accompanied by Mukhtiar Singh and Balkar Singh, armed with their respective licensed guns, Nishan Singh armed with gandasi, and Nishawar Singh, empty handed came out of the house of Nishan Singh.
Gurbachan Singh was number injured because of the firing by Baj Singh.
Baj Singh accused fired aiming at Gurbachan Singh but he got aside.
Baj Singh raised a lalkara challenging Gurbachan Singh and fired at him from his licensed gun but Gurbachan Singh got aside and saved himself.
Baj Singh accused fired hitting me on the right arm.
Nishan Singh gave a gandasa blow from the reverse side on the left leg of Gurbachan Singh.
Mukhtiar Singh son of Thakar Singh was behind us.
Baj Singh, appellant, was companyvicted for the offence under Section 307, I.P.C. and awarded four years rigorous imprisonment.
Baj Singh, Mukhtiar Singh and Balkar Singh accused armed with guns, Nishan Singh accused armed with gandasa and Nishawar Singh accused empty handed came out from the house of Nishan Singh.
The appellant along with Mukhtiar Singh S o Sardara Singh Nishan Singh Balkar Singh and Nishawar Singh were sent up for trial before the Special Court, Ferozepur.
After companypletion of investigation, the accused were sent up to face their trial.
S. Anand, J. Through this appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984, the appellant challenges his companyviction and sentence for the offence under Section 307, Indian Penal Code, as recorded by the learned Judge, Special Court, Ferozepur.
Gurbachan Singh fell down.
