The consistent testimony of witnesses and corroborating medical evidence can establish guilt, and non-recovery of the weapon used in the incident may not diminish the credibility of the witnesses.

JUDGMENT

Sanjay Vashisth, J. - Present appeal has been filed by appellant - Surjit Singh, then aged 42 years, against the judgment of conviction and order of sentence dated 12.08.2004, passed by learned Additional Sessions Judge (Adhoc), Amritsar/learned Trial Court, in Sessions Case No. 47, dated 27.08.2003/18.09.2003, arising out of FIR No. 61, dated 22.09.2002, under Sections 307 / 34 IPC, registered at Police Station Khemkaran.

2. Appellant - Surjit Singh was convicted for the commission of offence punishable under Section 307 IPC and was ordered to undergo following sentence:-

Other co-accused, namely, Titar Singh and Sardool Singh were acquitted.

3. Appeal was admitted and recovery of fine was stayed vide order dated 13.09.2004 passed by this Court. Subsequently, sentence of appellant - Surjit Singh was suspended and he was granted bail, vide order dated 05.12.2006. Since there was no representation on behalf of the appellant, Ms. Roja Agnihotri, Advocate, was appointed as Legal Aid Counsel to assist this Court, vide order dated 06.01.2023.

4. Facts arising from the case of the prosecution are that complainant - Mukhtiar Singh was resident of village Gajjal, Tehsil Patti, District Amritsar, an agriculturist by profession and belonged to Akali Party. On 21.09.2002, at about 07.30/08.00 pm, Mukhtiar Singh alongwith Bakhshish Singh @ Bansa, Puran Singh and Joginder Singh, was coming back from the house of one Roor Singh, after informing him that his trolley, which Mukhtiar Singh had borrowed for loading eucalyptus trees, was lying sunk/thrusted near the drain. When said persons were passing through the passage in front of Roor Singh's house, they saw in the light of electric bulbs that Surjit Singh @ Ghugi (appellant), armed with .12 Bore gun, Titar Singh, armed with Takua, and Sardool Singh @ Dula, empty handed, were standing in front of the house of Titar Singh. Upon seeing them (Mukhtiar Singh, Bakshish Singh, Puran Singh and Joginder Singh), Sardool Singh raised a lalkara that these Akalies would not be allowed to escape from there. After that Surjit Singh (appellant) fired a gunshot with his .12 Bore gun towards them with an intention to kill them, pellets of which hit Mukhtiar Singh on his forehead, chest and right shoulder on the front side and some of the pellets of the fire shot hit on left arm of Bakhshish Singh. When they raised hue and cry, all the accused ran away from the spot alongwith their respective weapons. The reason behind that incident was that during Assembly Election, Mukhtiar Singh had stopped Surjit Singh (appellant) from casting fake votes. Joginder Singh took injured to Civil Hospital, Khemkaran, but on account of their serious injuries, they were referred to Civil Hospital, Patti.

5. On 22.09.2002, SHO Hardeep Singh, who was posted at Police Station Khemkaran, went to the Civil Hospital, Patti, where injured Mukhtiar Singh was admitted, got recorded his statement (Ex. PA), regarding said incident and case FIR No. 61, dated 22.09.2002, under Sections 307/34 IPC and Sections 25 and 27 of the Arms Act, 1959 was registered at Police Station Khemkaran.

6. After registration of FIR, investigation was conducted and accused Titar Singh and Sardool Singh were challaned, while appellant -Surjit Singh was found innocent in an inquiry conducted by Deputy Superintendent of Police, Bhikhiwind, recorded vide Zimni No. 7, and thus, final report was submitted under Section 173 Cr.P.C.

Subsequently, on filing of an application by the prosecution, appellant - Surjit Singh was summoned, vide order dated 22.10.2003, to face trial. He was attributed with one gunshot injury, as per version of the FIR.

7. After framing of charges against all the three accused, vide order dated 04.02.2004, trial was proceeded. There were two injured eye-witnesses, namely, Mukhtiar Singh (PW-1) and Bakhshish Singh (PW-2). To corroborate the injuries suffered by both the