SHAMSHAD @ SADARDIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 7.11.2001 passed by the learned Additional Sessions Judge, Sangrur, whereby the accused/Appellants have been convicted for the offence and sentenced as under: <FRM>JUDGEMENT_2109_TLP&H0_2010_1.html</FRM>

(2.) Brief facts of the prosecution case are that on receipt of information on 15.1.1990 regarding admission of injured Abdul Shakoor, Mohd. Slim and Rafiqan in Civil Hospital, Malerkotla, HC Joga Singh and other police officials went there. HC Joga Singh moved an application to get opinion of the concerned doctor regarding fitness of injured to make a statement. However, the concerned doctor declared all the injured unfit to make statements on that day. On the next day i.e. 16.1.1990, the concerned doctor declared all the injured fit to make a statement and HC Joga Singh recorded the state-ment,Exhibit PA, of injured Abdul Shakoor, herein 'the complainant'. As per the statement of complainant, on 15.1.1990 at 5.00 p.m., he, his younger brother Slim and his mother Rafiqan had been working in their fields. The accused/Appellants Buta Dilshad and Shamshad sons of Sarabdin were also working in their own fields. In the meantime, accused Sarabdin brought cart from the side of the village and parked cart in front of the fields of the complainant. Then accused Sarabdin pushed the cart of the complainant aside. On the asking of Sarabdin, the complainant, his brother and mother went close to him. The accused Sarabdin started abusing them and raised lalkara and exhorted his sons that they should not be spared Accused Buta Singh armed with Dang, Dilshad armed with Takaua, Shamshad armed with Soti and accused Sarabdin armed with Kahi, came there, and all these persons attacked upon them. Accused Dilshad inflicted Takaua blow, while accused Sarabdin gave kahi blow, which hit on the head and right hand finger of the complainant, respectively. The accused Dilshad gave another Takaua blow, which hit on the right hand finger of complainant. As a result, the complainant fell down. Then accused Buta and Shamshad gave dang blows on the person of complainant, which hit on his left arm and back. Accused also caused injuries to his brother and mother. On raising alarm, Kala son of Mohd. Din rescued the complainant as well as other injured and removed them to the Civil Hospital, Malerkotla. The complainant also got recorded in his statement that in self-defence, they also caused injuries to Buta and Dilshad.

(3.) On the basis of statement, Ex. PA, DDR was recorded. The police also recorded the statements of other injured. It is worthwhile to mention her that in this incident both the parties had received injuries and regarding one incident single FIR No. 6 dated 15.1.1990 was registered at Police Station Malerkotla, in which version of both the parties was probed and two different challans were presented in Court against each other.