Criminal Appeal No.452-SB of 1997 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.452-SB of 1997 Date of Decision: 19.03.2008. Satnam Singh .......Appellant versus State of Punjab .......Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.Bipan Ghai, Senior Advocate with, Mr.Sandeep Gahlot, Advocate, for the appellant. Mr.Mehardeep Singh, AAG, Punjab. *** KANWALJIT SINGH AHLUWALIA, J.(Oral) Satnam Singh son of Dalip Singh solitary accused was charged for offence under Section 307 IPC on the ground that 05.01.1992 at about 3.30 P.M. in the area of village Said Mubarak, he fired a shot at Kuldip Singh with a pistol which hit on his neck. The appellant pleaded not guilty and claimed trial. On the day of occurrence itself, case FIR No.4 dated 05.01.1992 was registered at Police Station Sadar Batala under Section 307 IPC and under Section 25/54/59 of Arms Act. Kuldip Singh injured on 05.01.1992 at 4.30 P.M. made a statement Exhibit PE to Ajit Singh ASI in Civil Hospital, Batala . He had stated in his statement that he was present in the village Sekhwan to attend the death anniversary of Ujagar Singh Sekhwan where he met his brothers Lakhwinder Singh and Kashmir Singh and were returning back to Amritsar, at about 3.05 P.M. When they reached near the village Said Mubarak and it was at about 3.35 Criminal Appeal No.452-SB of 1997 2 P.M., Satnam Singh took out a pistol and fired a shot at Kuldip Singh which passed near his neck. It is further stated that his brother Lakhwinder Singh tried to apprehend the accused but he escaped. It is further stated that Kashmir Singh took care of the complainant. Mr.Bipin Ghai appearing on behalf of the appellant has stated that he will not be in a position to dislodge the testimony of PW3-Kuldip Singh who was injured and his testimony is corroborated by PW-4 Lakhwinder Singh who was present at the spot. Furthermore, medical evidence also corroborates the ocular version. Prosecution had examined PW-1,Dr.Lakhwinder Singh who had proved the injuries on the persons of Kuldip Singh and Mamta Rani. PW-2 is H.C.Gurcharan Singh before whom the pistol was produced for mechanical examination. As earlier stated, PW3 is the injured and PW4 Lakwinder Singh is an eye witness of the occurrence. PW-5, Satish Chander is a Draftsman. PW-6, ASI Lal Chand investigated the case. PW-7, Harjinder Singh SI is the Investigating Officer. Statement of the appellant was recorded under Section 313 Cr.P.C. wherein he has further stated that he has been falsely implicated. However, he admitted that the licence of pistol was produced by him. No evidence was examined in the defence. I have perused the testimonies of PW3, Kuldip Singh injured and PW-4, Lakhwinder Singh. They aspire confidence and are free from blemish of contradictions, improvements and discrepancies. Furthermore, in the present case, FIR was lodged very promptly. This Court is conscious of the fact that the appellant is the sole accused and the injured will be the last person to name the accused falsely or to substitute the assailant. At this stage, Mr.Ghai appearing on behalf of the appellant has contended that the occurrence pertains to the year 1992, a period of 16 years is going to lapse. He has further stated that taking into consideration the fact that the protracted trial has taken place for the last 16 years and Criminal Appeal No.452-SB of 1997 3 the appellant has fastened many liabilities of his family and his children are in marriageable age, considerable reduction be done in the matter of sentence. Even though, I agree with the submission made by Mr.Ghai. I cannot lose sight of that fact that the appellant had fired a shot and it crossed near the neck of the victim. Therefore, the sentence of the appellant cannot be reduced to the period already undergone as prayed. Taking into account the totality of the circumstances, sentence is reduced from 5 years to 3 years. However, sentence of fine is enhanced to Rs.10,000/-. In case of non-deposit of fine, the appellant shall undergo rigorous imprisonment for six months. With this modification, the appeal stand disposed off. March 19, 2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE