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PETITIONER: VIJAY KUMAR

       Vs.

RESPONDENT: STATE OF PUNJAB

DATE OF JUDGMENT:       24/09/1998

BENCH: G.T.NANAVATI, S.P.KURDUKAR

ACT:

HEADNOTE:

JUDGMENT:  JUDGEMENT NANAVATI. J. The 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. In  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 incident. Relying 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 acquitted. Aggrieved 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. The  appellant  has,  therefore,  filed  this appeal in this Court after obtaining special leave.         After 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. The  appellant  was  released  on  bail  during  the pendency of  this  appeal.    He  is  directed  to surrender immediately to carve out the remaining sentence.