Criminal Appeal No.474-SB of 1999 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Balwinder Singh and another APPELLANTS VERSUS The State of Punjab RESPONDENT CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL Present:- Shri Shiv Charan Singh Chahal, Advocate for the appellants. Shri S.S.Gill, Additional A.G. Punjab. MEHTAB S.GILL, J. The case of the prosecution in brief is that on 13.9.1993 at about 11 p.m. Darshan Singh along with his wife Balbir Kaur and his children were sleeping in the courtyard of their house. His brother Gurdeep Singh was sleeping near the cattle room. His maternal uncle's sons Balwinder Singh and Gamdoor Singh sons of Jita Singh jumped into their house after scaling the wall. On hearing the noise, Darshan Singh and his family members woke up and recognised the accused, as the electric light was on. Balwinder Singh was armed with a single barrel .12 bore gun. Gamdoor Singh raised a lalkara that the complainant party Criminal Appeal No.474-SB of 1999 -2- should not be spared for having taken possession of the land. Balwinder Singh fired a shot from his gun which hit on the let side of the chest of Darshan Singh. He fell down. His brother and his wife raised an alarm, and both the accused fled away with the weapon. After hearing the noise, Darshan Singh Sarpanch of the village came there and he and his brother Gurdeep Singh took Darshan Singh to G.G.S. Medical College, Faridkot. The motive for the commission of the offence was that Darshan Singh and his family had a dispute with the accused with regard to some land. On the statement Ex.PA of Darshan Singh, F.I.R. Ex.PA/2 was registered. The prosecution to prove its case, brought into the witness-box Darshan Singh complainant PW-1, Dr.Manjit Singh PW-2, Satpal Singla PW-3, SI Arjan Singh PW-4, Chand Singh PW-5, Gurbachan Singh Draftsman PW-6, Darshan Singh complainant PW-7 (after summoning of the accused), Gurdeep Singh PW-8 and SI Balbir Singh PW-9. In defence Darshan Singh DW-1 and D.S.P. Ashok Bata DW-2 were examined. Dr.Manjit Singh PW-2 medico-legally examined Darshan Singh on 14.9.1993 at 2.45 p.m. and he found the following injury on his person :- “15 cm x 8 cm wound on left side of the chest, 5 cms above the left nipple. Upper margin of wound on calvicle going laterally and upwards. There was loss of skin and tissues. Margins of the wound were black in colour in certain parts of the wound. Wound started almost from the midline. Wound was penetrating on lateral side.” I have heard the learned counsel for the parties and perused the impugned judgment and the relevant record with their assistance. Though there is a delay of about 11 hours in lodging of the F.I.R., but the Criminal Appeal No.474-SB of 1999 -3- same has been adequately explained by the prosecution. The occurrence took place at 11 p..m. on 13.9.1993. Darshan Singh injured was declared fit to make statement at 4.30 a.m. on 14.9.1993 and the F.I.R. Ex.PA/1 was registered at 10.30 a.m. on the basis of his statement Ex.PA. The occurrence took place during night time in the house of Darshan Singh complainant. Blood-stained earth was taken into possession from the house of Darshan Singh vide memo Ex.PE and as per the F.S.L. report Ex.PE, it contained human blood. The guilt of appellants Balwinder Singh and Gamdoor Singh has been proved by the prosecution beyond a reasonable doubt. The learned trial Court has rightly acquitted Baldev Singh, Gurdeep Singh, Karamjit Singh by giving them the benefit of doubt. Conviction of appellants Balwinder Singh and Gamdoor Singh remains intact. Occurrence is of the year 1993 and the appeal in this Court has been pending since 1999. The sword of conviction has been hanging over the head of the appellants since the last 16 years. This itself is a punishment. Sentence of appellants Balwinder Singh and Gamdoor Singh is modified to the extent already undergone by them. Appeal is dismissed. (MEHTAB S.GILL) January 22, 2010 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO