Gurdeep Singh And Others vs State Of Punjab on 16 January, 2014
The only argument raised on behalf of the appellants is that the
very fact that the shots are shown to have been fired by the appellants from a
distance of 70 karams from the victims, goes to show that the appellants did
not have any intention to kill the victims. Otherwise were it that, that they
intended to kill them, there was no hitch in the way of the appellants to come
closer to the victims and the shots fired at them from such a distance that these
would have proved fatal. Learned Senior Counsel also refers to the evidence of
Kumar Sudhir S
2014.01.27 16:05
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chandigarh
CRA-S-1731-SB-2002 6
PW1, Dr. S.K. Mehra and PW12, Dr. Navkiran to show that injuries on the
persons of Sukhdev Singh and Mela Singh were minor and superficial, were
simple in nature, these being only skin deep cuts and that possibility of radio
opaque foreign bodies, which could not be marked, having been artificially
inserted, could not be ruled out. Learned senior counsel also relies upon two
judgments of this Court in case titled as "Bhag Singh Vs. The State of Punjab,
1975, CLR 289, Ram Kishan Vs. The State of Haryana, 1985(2) CLR, 635
and a judgment of Rajasthan High Court in case titled as Jalim Singh Vs. State
of Rajasthan, 2005(3) RCR (Criminal) 948 to contend that in similar
circumstances as obtaining in the case in hand, it was held that no offence
under Section 307, IPC, was made out and instead offence under Section 324,
IPC, only was held to be made out against the accused in those cases.