Kumar Vs. State of Punjab  INSC 484 (24 September 1998)
S.P.Kurdukar Nanavati. J.
appellant was tried with 7 other accused for the offences punishable under
Sections 307 and 452 of the Indian Penal Code by the Court of Additional
Sessions Judge, erozepur, in Sessions Case No. 7/86.
order to prove its case, the prosecution had examined P.W. 4 Shugan Lal and
P.W. 5 Raja Ram. Both these witnesses had received injuries during the
upon their evidence the trial court convicted the appellant under Sections 452
and 307 IPC. The evidence of these two witnesses was found to be not free from
the doubt as regards involvement of the other accused and therefore they were
by his conviction the appellant preferred an appeal before the High Court of
Punjab & Haryana. The High Court on reappreciation of the evidence agreed
with the finding that the occurrence took place in the house of Shugan Lal and
that presence of both the eye witnesses could not be disputed in the house when
the incident had taken place. It held that their evidence was quite reliable as
regards the part played by the appellant and the trial court was right in
accepting the same. It, therefore, upheld the conviction of the appellant under
Sections 307 & 452 IPC.
appellant has, therefore, filed this appeal in this Court after obtaining
going through the judgments of both the courts below, we find that the evidence
of both the witnesses have been correctly appreciated and it has been rightly
held that the appellant had opened the attack and fired a shot which had hit
Raja Ram and caused injuries to him. We see no reason to differ from the
findings recorded by the High Court and therefore, this appeal is dismissed.
appellant was released on bail during the pendency of this appeal. He is
directed to surrender immediately to carve out the remaining sentence.