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PW1 has further deposed that on seeing accused Tejender Singh @ Teja, he shocked as he was not having visiting terms with them as they had a quarrel 7/8 months prior to that day. Accused Tejender @ Teja and Chasam Pal Singh took him near the park. At that time, his wife also accompanied him. Accused Tejender @ Teja asked him that he had beaten him, so, he will kill him. Accused Tejender @ Teja took out a revolver from his right dub and fired on him. He received gun shot injury on his stomach. He fell down on the road and accused Tejender @ Teja and Chasam Pal @ Cheema started quarreling with each other. He heard sound of two gun shots.

In my view, the contradictions, as pointed out, are minor in this respect and are not material. Both PW1 Joginder Singh and PW7 Maninder Bopa Rai have categorically deposed in the examination in chief and also in the cross examination that PW1 Joginder was taken towards the park by accused Chasam Pal Singh, where accused Tejender Singh made a gun shot fire in his stomach. According to PW7 Maninder Bopa Rai, after sustaining injury, her husband sat in the stairs of the house, due to which, blood stains have appeared in the stairs. No bullet has been recovered and injury was through because according to the cross examination, gun shot fire was made by accused Tejender Singh from a distance of about four feet and PW7 Maninder Bopa Rai has stated that accused Tejender Singh had made a fire on her husband from a distance of 5­7 steps. This shows that accused Tejender Singh made fire on PW1 Joginder Singh from a close range, due to which, gun shot fire had gone through the body of PW1 Joginder Singh and bullet could not be recovered.

According to PW2 Dr. Vinod Khetrapal, who has proved MLC of PW1 Joginder Singh, he found wound of entry just above the umbilicus, four inches above, slightly lateral to mid line and wound of exit L3, L4 level lateral to mid line left side and Joginder Singh had sustained grievous injuries. His MLC is Ex. PW2/A. In the cross examination, firstly, PW2 has stated that he cannot say whether injury sustained by PW1 Joginder Singh was gun shot or not, but thereafter, again in the cross examination, he has stated that he gave his opinion regarding the nature of injuries as grievous because it was gun shot injury on abdomen, although the vital parts of the abdomen were not involved. So, the contentions of learned defence counsel are not forceful in any manner.

Learned defence counsel for accused Chasam Pal Singh has further contended that according to the deposition of PW1 Joginder Singh, after sustaining injuries by him of gun shot, accused Tejender Singh and Chasam Pal Singh started quarreling with each other. He heard sound of two gun shots. In the cross examination, he has stated that he was having cordial relations with accused Chasam Pal before the incident and that after sustaining injuries, he fell down, but he saw that accused Chasam Pal had chased accused Tejender @ Teja and something had happened in between them. He heard that accused Chasam Pal was asking from accused Tejender @ Teja as to why he had fired on Bitta i.e. PW1. Similarly, PW7 Maninder Bopa Rai has also stated that after altercation in between her husband and accused Tejender Singh, suddenly accused Tejender took out a pistol and shot at her husband. Meanwhile, Tejender and Cheema also quarreled and scuffled with each other and accused Tejender fired twice.