BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the aforementioned appeals are being disposed of by one judgment as they pertain to the same occurrence in which Jagtar Singh and Romesh Kumar had received injuries and have arisen out of the judgment of conviction and order of sentence passed by Additional Sessions Judge, Amritsar on 12.9.2001.

(2.) The trial Court had convicted Baljinder Singh, Sandeep Singh and Gurshinder Singh Appellants under Section 326 IPC and Harmeet Singh Appellant under Section 326/34 IPC and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-each and in default of payment of fine, to undergo further rigorous imprisonment for three months. Baljinder Singh, Sandeep Singh and Gurshinder Singh Appellants were also convicted under Section 324 IPC, whereas Harmeet Singh Appellant under Section 324/34 IPC and sentenced to undergo rigorous imprisonment for one year each. Similarly, Harmeet Singh Appellant was convicted under Section 323 IPC, whereas Sandeep Singh, Baljinder Singh and Gurshinder Singh Appellants under Section 323/34 IPC and sentenced to undergo rigorous imprisonment for six months each. All the substantive sentences were ordered to run concurrently.

(3.) According to the prosecution, the occurrence in question had taken place on 26.12.1995 at about 11.15 AM when complainant-Jagtar Singh, alongwith LC Romesh Kumar and C. Rajinder Kumar was proceeding on a motor cycle to Chhehartta and had reached near the shop at the gate of Khalsa College, Amritsar, Gurshinder Singh Appellant signalled them to stop the vehicle. At that time, Sandeep Singh Appellant, who was armed with a sword gave a push to the complainant, as a result whereof the latter fell down. The right shoulder of the complainant was hit by the motor cycle. Sandeep Singh Appellant, thereafter, gave a sword blow on the back of the complainant. Gurshinder Singh and Baljinder Singh Appellants armed with kirpans and Harmeet Singh Appellant and three other un-known persons while carrying a dang each, also reached there. Gurshinder Singh Appellant, thereafter, gave two kirpan blows, hitting the complainant on his wrist and back of the left hand. Sandeep Singh Appellant gave another kirpan blow, hitting the complainant on his left arm near the elbow. Baljinder Singh Appellant gave two kirpan blows on the left leg of the complainant. Sandeep Singh Appellant gave another kirpan blow on the right arm, whereas Harmeet Singh Appellant gave two dang blows on the right thigh and knee of the complainant. The three un-known persons also gave dang blows to the complainant, hitting on his left foot, right ankle, right leg and left cheek. When his companions stepped forward to rescue the complainant, the accused caused injuries to LC Romesh Kumar. Thereafter, all the Appellants and their companions ran away from the spot while carrying their respective weapons.