Full Judgment Text
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PETITIONER:
VIJAY KUMAR
Vs.
RESPONDENT:
STATE OF PUNJAB
DATE OF JUDGMENT: 24/09/1998
BENCH:
G.T.NANAVATI, S.P.KURDUKAR
ACT:
HEADNOTE:
JUDGMENT:
JUDGEMENT
NANAVATI. J.
The appellant was tried with 7 other accused for the
offences punishable under Sections 307 and 452 of the Indian
Penal Code by the Court of Additional Sessions Judge,
erozepur, in Sessions Case No. 7/86.
In order to prove its case, the prosecution had
examined P.W. 4 Shugan Lal and P.W. 5 Raja Ram. Both
these witnesses had received injuries during the incident.
Relying upon their evidence the trial court convicted the
appellant under Sections 452 and 307 IPC. The evidence of
these two witnesses was found to be not free from the doubt
as regards involvement of the other accused and therefore
they were acquitted.
Aggrieved by his conviction the appellant preferred
an appeal before the High Court of Punjab & Haryana. The
High Court on reappreciation of the evidence agreed with the
finding that the occurrence took place in the house of
Shugan Lal and that presence of both the eye witnesses could
not be disputed in the house when the incident had taken
place. It held that their evidence was quite reliable as
regards the part played by the appellant and the trial court
was right in accepting the same. It, therefore, upheld the
conviction of the appellant under Sections 307 & 452 IPC.
The appellant has, therefore, filed this appeal in this
Court after obtaining special leave.
After going through the judgments of both the courts
below, we find that the evidence of both the witnesses have
been correctly appreciated and it has been rightly held that
the appellant had opened the attack and fired a shot which
had hit Raja Ram and caused injuries to him. We see no
reason to differ from the findings recorded by the High
Court and therefore, this appeal is dismissed.
The appellant was released on bail during the
pendency of this appeal. He is directed to surrender
immediately to carve out the remaining sentence.