JUDGMENT :

N.S. Shekhawat, J.

1. By way of the present judgment, this Court shall dispose of two petitions i.e. CRA-D-475-DBA-2004 titled as ‘State of Punjab Vs. Baljit Singh and others’ and CRR-301-2004 titled as ‘Kashmira Singh Vs. Baljit Singh and others’, whereby State of Punjab and the complainant have challenged the impugned judgment dated 10.07.2003 passed by the Additional Sessions Judge (Fast Track Court), Sangrur, acquitting the respondents of the charge under Sections 307, 452, 148, 149 IPC and Section 25 of the Arms Act.

2. During the pendency of present appeal/petition, Balkar Singh, Sucha Singh and Nachhattar Singh (Respondents No.2, 3 and 6) had expired and the appeal/petition stands abated qua them.

3. The FIR (Ex.PH/2) in the present case was ordered to be registered on the basis of the statement made by Kashmira Singh, son of Phoola Singh, which reads as under:-

“Statement of Kashmira Singh son of Phoola Singh, Jat, resident of Kasba Bharal, aged about 80 years stated that I am resident of above said address and do agriculturist. I have four sons and eldest to all Gurdeep Singh, younger to him is Inderjit Singh, younger to him is Charanjit Singh, who is employed in the Punjab Roadways Depot at Jagran and youngest to all is Sardool Singh. All are married and residing separately. On 17.03.2000, my son Charanjit Singh had gone for pligrimage to Shri Haszur Sahib, who has come back today at about 10.00 am. I was present at my house. It was about 1.30 p.m. I was urinating in bathroom at my house, then suddenly I heard noise out side and I saw, after coming out that 7/8 persons came in our courtyard, out of them, four were armed with guns and remaining persons were armed with kirpans and sotties. Then Balkar Singh and Sucha Singh son of Mulla Singh, Jat resident of Kasba Bharal raised lalkara that hold them and do not allow to go and tried to take my grandson outside, who was rescued by me and dragged him in a room. At this time, out of them, two persons gave blows of gun’s butt to me and my son Charanjit Singh on seeing this went on the roof through stair being rightened while running, Sucha Singh raised lalkara that shot be fired. In the meantime, Baljit Singh son of Sucha Singh, Jat, resident of Kasba Bharal fired a shot with his gun upon my son Charanjit Singh, with the intention to kill him, which hit upon his right arm and one, out of them fired a shot at Charanjit Singh, which hit near the right side of his ear. Charanjit Singh went in the house of my other son Inderjit Singh while running through stair and he shut the door, after putting my son Charanjit Singh. The assailants would have killed my son, Charanjit Singh. After this, assailants tried to break open (to demolish) the doors after entering into our house. Accused Nachittar Singh son of Gurdial Singh, Jat, resident of Hathan, Sinder Singh son of Sarwan Singh, Ramdasia, resident of Kalabula, Avtar Singh son of Darshan Singh, Jat, resident of Giddarbaha, Sagar Singh son of Lal Singh, Ramdasia, resident of Qila Hakima, whose names came to be known later on to me were accompanying. The motive of gurdge is that on 19.03.2000, my grandson Gurpreet Singh son of Charanjit Singh was going out on the road, with whom, the vehicle of Sant Baba Daler Singh struck. Upon which, our alteration took place with Baljit Singh. Due to that enmity, they tried to kill us by attacking at our house. The statement has been got recorded, heard and which is correct. Sd/- (in urdu) Kashmira Singh, attested, SHO, Police Station Malerkotla, dated 22.03.2000.”

4. The injured were medico legally examined at Civil Hospital and were provided the medical aid. After completion of usual investigation, the final report under Section 173 Cr.P.C. was prepared and presented before the Area Magistrate. Since the offence was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions, Sangrur. Vide order and charge-sheet dated 20.10.2000, the trial Court ordered th