AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted. The appellants stand convicted under Sections 323, 325, 326, 148 and 149 of the Indian Penal Code, 1860 and sentenced to a maximum period of one year with other sentences to run concurrently.

(2.) As per the prosecution case, PW -2 Kuldeep Singh, Junior Engineer was returning from his office on 30.11.2000 and proceeding to his village on his scooter. He was way -laid by Jagtar Singh accused who tried to crush him with his tractor. Accused Ajmer Singh, Sarpanch fired a shot but Kuldeep Singh escaped as he ducked. On exhortation of Ajmer Singh and on being caught hold by him, Daljit Singh tried to strike the victim with his sword which hit the victim on his forearm. Amrik Singh, Tehal Singh, Bhagwant Singh and other four unidentified persons also reached at the spot. Amrik Singh inflicted a blow with a rod on the head while other persons caused injuries with sticks. The motive was some dispute of Ajmer Singh with the victim on account of his having made a complaint against Ajmer Singh. As per the MLR, injuries 12 and 22 were grievous. All the accused were convicted and sentenced by the trial court. The trial court awarded sentences for varied periods, maximum being rigorous imprisonment for three years. The High Court upheld the conviction mainly in the light of evidence of the injured complainant. However, the sentence was reduced to maximum period of one year and all the accused were directed to pay compensation of Rs.10,000/ - each to the complainant.

(3.) Office Report dated 18.09.2015 indicates that SLP (Criminal) No. 6765/ 2015 filed by co -accused Varjinder Singh and another has been dismissed. There were in all 10 persons convicted by the courts below being Jagdev Singh, Nirmal Singh, Jagtar Singh, Daljit Singh, Baljinder Singh, Amrik Singh, Bhagwant Singh, Daljit Singh @ Happy, Ajmer Singh and Tehal Singh. The case of Ajmer Singh has been separated on the request made by the learned counsel for the appellants. We have, before us, case of six accused -appellants: Amrik Singh, Tehal Singh, Jagtar Singh, Daljit Singh, Nirmal Singh, Bhagwant Singh and one of the accused is said to have died.