NASHER SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this case, report under Section 173 of the Code of Criminal Procedure was submitted against appellants Nasher Singh, Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh along with Diwan Singh son of Khan Singh and Diwan Singh son of Wazir Singh in F.I.R. No. 92 dated 29.5.1004, under Sections 307/323/324/325/427/148/149 of the Indian Penal Code (for short 'the Code') registered against them at Police Station Sadar Jalalabad. All the ten accused were committed to the Court of Session at Ferozepur by the Judicial Magistrate Ist Class, Fazilka, vide order dated 5.10.1994. Charge was framed against all the accused on 11.11.1994 for the offences punishable under Sections 148, 307, 307 read with Section 149, 325, 325 read with Section 149, 324, 324 read with Section 149, 323, 323 read with Section 149 and 435 of the Code. Accused Diwan Singh son of Khan Singh and Diwan Singh son of Wazir Singh died during the trial and, accordingly, proceeding against them stood abated.

(2.) Vide judgment of conviction dated 21.4.2001, learned Additional Sessions Judge, Ferozepur, convicted appellant Nasher Singh under Section 307 of the Code whereas appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh were convicted under Section 307 read with Section 149 of the Code. Further, appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh and Desa Singh were convicted under Section 324 of the Code whereas the remaining appellants under Section 324 read with Section 149 of the Code. All the appellants were also convicted under Section 325 read with Section 149 of the Code because they were members of an unlawful assembly in which grievous injury was caused by accused Diwan Singh son of Khan Singh (deceased). Further, appellants Nasher Singh, Desa Singh, Pritam Singh and Balkar Singh were convicted under Section 323 of the Code whereas the remaining appellants were convicted under Section 323 read with Section 149 of the Code. Besides, all the appellants were convicted under Section 148 of the Code as they were armed with deadly weapons while causing injuries. However, all the appellants were acquitted of the charge framed against them under Section 435 of the Code for want of any evidence in this regard.

(3.) Vide sentence order of the even date i.e 21.4.2001, the learned Additional Sessions Judge, Ferozepure, sentenced appellant Nasher Singh to undergo rigorous imprisonment for three years and to pay fine of Rs. 1500/- in default whereof to undergo further rigorous imprisonment for four months under Section 307 of the Code whereas appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh were sentenced to undergo rigorous imprisonment for two and a half years and to pay fine of Rs. 1000/-each in default whereof to undergo further rigorous imprisonment for two months under Section 307 read with Section 149 of the Code. Under Section 325 read with Section 149 of the Code, all the appellants were sentenced to undergo rigorous imprisonment for one and a half years and to pay fine of Rs. 1,000/- each, in default whereof to undergo further rigorous imprisonment for two months. Under Section 148 of the Code, all the appellants were sentenced to undergo rigorous imprisonment for one year. Further, appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh and Desa Singh were sentenced to undergo rigorous imprisonment for one year under Section 324 of the Code whereas appellants Nasher Singh, Sukha alias Sukhdev Singh, Pritam Singh and Balkar Singh were awarded this sentence under Section 324 read with Section 149 of the Code. Under Section 323 of the Code appellants Nasher Singh, Desa Singh, Pritam Singh and Balkar Singh were sentenced to undergo rigorous imprisonment for six months whereas appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh and Sukha alias Sukhdev Singh were awarded this sentence under Section 323 read with Section 149 of the Code.