IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SR. NO.107 CRA-D-709-DBA-2004 RESERVED ON 16.10.2025 DATE OF DECISION:28.10.2025 STATE OF PUNJAB …APPELLANT(S)

VERSUS MAHIPAL ...RESPONDENT(S)

CRR-1461-2004 SATPAL SINGH …PETITIONER(S)

VERSUS STATE OF PUNJAB AND ANOTHER ...RESPONDENT(S)

CORAM: HON’BLE MR. JUSTICE N.S. SHEKHAWAT HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present: Mr. M.S. Bajwa, DAG, Punjab for the appellant in CRA-D-709-DBA-2004 and for respondent No.1-State in CRR-1461-2004 Mr. Bhagwant Pal Singh, Advocate for the petitioner in CRR-1461-2004 Mr.P.S. Sekhon, Advocate for respondent-Mahipal in both the cases.

N.S. SHEKHAWAT, J.

1. This judgment shall dispose of aforementioned appeal filed by the State of Punjab as well as revision petition filed by the complainant/victim whereby the acquittal of accused-Mahipal has been challenged.

2. Since both the aforementioned cases arise out of the common impugned judgment dated 23.01.2004 passed by the learned Additional Sessions Judge, Sangrur and involve similar arguments by both the sides, the same are being taken up together for disposal.

3. In the present case, the FIR (Exhibit P14) was registered on the basis of a statement made by Satpal (complainant) and the said statement has been reproduced below:-

“...I am serving in the Police Department as C-1. I am posted at City Patran as a AMHC. Today I came to my village Andana after obtaining 2 days casual leave. One of the gate of our house is in the main street and the second door of the house opened in the back side of street. Where in the opposite side, house of Mahi Pal son of Bhag Chand caste Barbars, resident of village Deh is situated. Today, I and Rai Singh son of Puran Chand caste, Jat resident of village Deh were standing before the Baghal of Man Singh son of Khema Ram and talking regarding the cutting of wheat. In he meantime, Mahi Pal abovesaid came there in a rashing position along with his gun. It was of around 3 P.M., at once he fired a short gun with his singal barrel gun towards me. With the intention to kill me which lended on the tips of my right thumb and also hit on my right arm. I and Rai Singh raised alarm in loudly voice ‘Marta Marta’, then Mahi Pal ran away along with his gun. The cause of action is that I came to my village few days earlier on weekly rest. When Mahi Pal abused us after taking liquor, I threatened him and made a complaint against him to his wife and send him to his house. He and his wife took it all. Keeping in mind that grudge today he fired on me with his gun to kill me. After that my brother Suraj Bhan and Rai Singh admitted me in the Govt.

Hospital, Moonak, where doctor Sahib bandaged me and referred to me to Govt. Hospital, Sunam for further treatment and X-Ray, now we are arranging some vehicle at Bus Stand, Moonak, then you met us.

4. After registration of the FIR, the investigation was conducted in the present case. The rough site plan (Ex.P16) was prepared. The weapon of offence, along with empty cartridges of .12 bore, two live cartridges and one missed cartridge of the same bore, and one single-barrel gun and one arm licence were recovered. After completing the usual investigation, the challan was presented before the Area Magistrate by the police. After presentation of the challan, the mandatory provisions of Section 207 Cr.P.C. were complied with and the case was committed to the Court of Session.

5. On perusal of the material accompanying the challan and after hearing both the sides, a prima facie case under Section 307 IPC and Section 27 of the Arms Act was found to have been committed by the accused/respondent and he was charge-sheeted for the said offences. The accused pleaded innocence and claimed to be tried.

6. During the course of the trial, the prosecution had relied upon twelve witnesses, i.e. Dr. G.L. Goyal, Medical Officer, P.H.C., Moonak as PW-1, Dharminder Singh, Draftsman as PW-2, Dr. Parbhat Kumar, SMO, Trauma Ward Civil Hospital, Sangrur as PW-3, Gurdashan Singh,