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Tuesday, March 16, 2010

Grevious Hurt--Attempt to murder--Two shot fired at injured which hit his right thigh

2010(1) LAW HERALD (P&H) 434
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mehtab S.Gill
Criminal Appeal No.472-SB of 1999
Nirbhai Singh
v.
State of Punjab
{Decided on 22/01/2010}
For the Appellant: Mr. H.S.Sangha, Advocate.
For the Respondent: Mr. S.S.Gill, Additional A.G. Punjab.
Indian Penal Code, 1860, S.338--Indian Penal Code, 1860, S.307--Arms Act, S. 27--Grevious Hurt--Attempt to murder--Two shot fired at injured which hit his right thigh--Occurrence had taken place near house of complainant party--Medical evidence corroborates ocular account--Statements of eyewitness corroborate statement of injured--Dispute of trivial nature--Parties not having previous enmity and everything happend at spur of moment--Appellants rightly held guilty under Section 338 IPC and Section 27 of Arms Act--They have been rightly acquitted of charge under Section 307 IPC--In interest of justice, sentence of appellants modified to extent already under gone by them. (P.5 & 7)