Karamjit Singh vs State Of Punjab

2. The facts and circumstances giving rise to these appeals are that on 24.6.1987 at about 9.00 A.M. Tasbir Singh (PW.2), an Inspector in a Cooperative Society, was going on his bicycle towards his house in Darsh Nagri Malout. When he reached near the main entrance on the G.T. Road, a Maruti car driven by Karamjit Singh appellant came from behind and passed by the side of Tasbir Singh. After covering some distance the car stopped. Tasbir Singh again passed by his side of that car and when he had reached about 100 yards ahead of the car, it came from behind and hit the cycle of Tasbir Singh. When Tasbir Singh(PW2) made a complaint to Karamjit Singh appellant about the incidents, he replied that he would do the 3 same again. Tasbir Singh (PW2) then went to his house and met his friend Gurmit Singh Brar. From there, Tasbir Singh (PW2) alongwith Gurmeet Singh Brar went to village Saranwan Bodla where he is married. Tasbir Singh(PW2) told his father- in-law Chattarpal Singh about the incident as Chhattarpal Singh was closely related to Mohinder Singh, father of Karamjit Singh, appellant. Harjinder Singh (PW3), Parshotam Singh(PW4) sons of Chattarpal Singh were also there. They all five went to the Focal Point of Village Katianwali just to lodge complain against the conduct of Karamjit Singh appellant to his father Mohinder Singh. Mohinder Singh and Karamjit Singh were present in the office of Cooperative Society at that time as both of them were employed there. Chhattarpal Sigh made a complaint to Mohinder Singh about the behaviour of Karamjit Singh appellant and this resulted into exchange of hot words between the two. Karamjit Singh appellant then asked Chhattarpal Singh to take Tasbir Singh (PW2) from there otherwise he would be dealt with properly. Thereafter, Karamjit Singh appellant went to his nearby residence in his Maruti car and came back within five minutes having his 4 licensed .12 bore gun. It is alleged that on instigation by his father Mohinder Singh, Karamjit Singh, appellant fired a shot at Tasbir Singh(PW2). Mohinder Singh also took out his revolver and aimed the same at Tasbir Singh. The shot fired by Karamjit Singh hit Tasbir Singh in his abdomen and nearby area. Thereafter, Karamjit Singh fired another shot hitting Harjinder Singh and Parshotam Singh PWs. In the meantime Pippal Singh son of Mohinder Singh who also reached there was given a "Chhura" blow by Harjinder Singh. Gurmit Singh intervened and rescued these persons. Injured were then taken to Civil Hospital, Malout where they were medically examined. On the same day, statement of Tasbir Singh(PW2) was recorded by ASI Ram Singh PW.6 in Civil Hospital, Malout on the basis of which the formal FIR was recorded. The I.O. started the investigation and Karamjit Singh appellant was arrested in this case on 2.7.1987. A .12 bore gun and two cartridges of point .12 bore were also taken into possession by the Investigating Officer through separate recovery memos. The Investigating Officer recorded the statements of prosecution witnesses. On completion of the investigation, the 5 present appellant, his brother Pippal Singh and father Mohinder Singh were challaned.

4. The trail court disbelieved the plea taken by the Karamjit Singh appellant of self-defence and convicted him for the offence punishable under Section 307 IPC and acquitted the other two accused vide judgment and order dated 3.5.1990. However, Karamjit Singh was awarded three years R.I. and to pay a fine of Rs.1500/- and in default of payment of fine to further R.I. for one year. It was further directed that after realizing the said fine it may be given to the complainant Tasbir Singh, Parshotam Singh and Harjinder Singh in equal shares. So far as the case against the appellant under Section 27 of the Arms Act was concerned, he was convicted under 6 Section 27 of the Arms Act and awarded the punishment of one year. However, it was held that both the sentences under Section 307 IPC and under Arms Act will run concurrently.

5. Being aggrieved, the appellant preferred two appeals before the High Court which have been disposed of vide impugned judgments and orders dated 26.3.2003 in Criminal Appeal No.160-SB of 1990 and 161-SB of 1990. The High Court rejected the contentions raised on behalf of the appellant that it was a case of self-defence and concurred with the findings recorded by the trial court and held that the appellant was rightly convicted for the offences punishable under Section 307 IPC. However, the sentence was reduced from three years to one year but the amount of fine was enhanced from Rs.1500/- to Rs.15,000/- and in default of payment of fine he would undergo R.I. for one year. So far as the appeal under Section 27 of the Arms Act was concerned, it was dismissed. However, the High Court directed that both the sentences will run concurrently. Hence these appeals. 7

7. The facts are not in dispute. The first trial incident occurred on 24.6.1987 at about 9.00 A.M. when appellant hit the bicycle of Tasbir Singh PW.2 by his Maruti Car and on being asked, the appellant had told him that he would do it again. In view of the fact that Shri Chhattarpal Singh father- in-law of Tasbir Singh was closely related to Mohinder Singh father of Karamjit Singh, they came to lodge a complaint to Mohinder Singh and it appears that some hot words were exchanged at that time and the appellant went to his house in his Maruti car and came back within five minutes having his licensed .12 bore gun and fired a shot at Tasbir Singh PW.2 which hit Tasbir Singh in his abdomen and nearby area. Thereafter, Karamjit Singh fired another shot hitting Harjinder Singh and Parshotam Singh PWs.

20. In this view of the matter, the criminal appeal No.959 of 15 2004 is also liable to be dismissed.

25. In view thereof, both the appeals stand dismissed.

26. The Appellant is on bail. His bail bonds are cancelled. He will be taken into custody to serve the remaining sentence.

6th July, 2009.

Digital Proforma

1. Case No. : Criminal Appeal Nos. 958 & 959 of 2004

2. Date of decision : 6.7.2009

5. Date of C.A.V. : 26.5.2009

6. Judgment delivered : Hon'ble Dr. Justice B.S. Chauhan by

7. Nature of Judgment : Non-reportable whether reportable