GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed by Gurmit Singh and Arsal Singh two brothers and Kulwant Singh son of Gurmit Singh. They all are resident of village Thathi Khara, Police Station Tarn Taran, District Amritsar. They were nominated as accused in case FIR No.47 dated 03.06.1994 registered at Police Station City Tarn Taran under Sections 307, 326, 325, 324/34 IPC.

(2.) The trial Court vide impugned judgment dated 24th October, 1997 convicted and sentenced the appellants as under: Name of the Nature of Sentence Fine Sentence in Convict the awarded imposed default of offence payment of fine Gurmit Singh u/s 307 IPC RI for 5 years Rs.500/- To further undergo RI for 6 months u/s 326 IPC RI for 2 years Rs.200/- To further undergo RI for 2 months u/s 325/34 RI for one year Rs.200/- To further IPC undergo RI for two months u/s 324/34 RI for 6 IPC months only. Rasual Singh u/s 307/34 RI for 3 years Rs.500/- To further @ Arsal IPC undergo RI for Singh 6 months u/s 326/34 RI for 2 years Rs.200/- To further IPC undergo RI for 2 months u/s 324 IPC RI for six months only u/s 325/34 RI for one Rs.200/- To further IPC year. undergo RI for two months Kulwant u/s 307/34 RI for 3 years. Rs.500/- To further Singh IPC undergo RI for six months u/s 326/34 RI for two Rs.200/- To further IPC years. undergo RI for 2 months u/s 325 IPC RI for one Rs.200/- To further year. undergo RI for two months u/s 324/34 RI for six IPC months only. In the present appeal, appellants have challenged their conviction and sentence recorded in the impugned judgment by the trial Court.

(3.) The law was set into motion against the appellants on a statement made by Surinder Singh PW-1 at Civil Hospital, Tarn Taran on 3rd June, 1994 at 3.30 p.m. The statement was recorded by ASI Didar Singh, In charge of Police Post, Daburji, who had gone there after receipt of medico legal report of the complainant Surinder Singh and his father Sadhu Singh. In the statement, Surinder Singh stated that on 3rd June, 1994 at about 7.00 a.m. he had accompanied his father Sadhu Singh son of Gurbax Singh on a tractor to cultivate his fields. When they reached in front of the house of Gurmit Singh in the fields, Gurmit Singh armed with Kirpan Arsal Singh armed with Gandasi and Kulwant Singh alias Laddu armed with Dang came out of their farm house, stopped the tractor and said that the complainant be taught lesson for ploughing the fields as they had purchased the fields despite having been restrained to purchase the same, and accused will not allow complainant party to cultivate the fields. Gurmit Singh gave a blow from Kirpan in his hand to Sadhu Singh, which hit on the back side of head of Sadhu Singh. Sadhu Singh fell down from the tractor. While Sadhu Singh had fallen, Kulwant Singh gave a push from his Dang on the left side of chest of Sadhu Singh. Gurmit Singh gave another blow from his Kirpan which hit Sadhu Singh on his right arm. Surinder Singh complainant jumped from the tractor and came ahead to save his father. Then Arsal Singh gave a Gandasi blow on the left hand of the complainant Surinder Singh. Kulwant Singh gave a Dang blow which hit on his left arm. Complainant raised noise of 'Mar Dita Mar Dita'. The entire occurrence was witnessed by Lachman Singh son of Natha Singh, Baljit Singh son of Piara Singh and Baldev Singh son of Assa Singh. They came forward to rescue the injured, when accused decamped from the spot along with their weapons. The complainant and his father were brought to Civil Hospital, Tarn Taran by Sukhwinder Singh Sarpanch, where father of the complainant was medico- legally examined and they were given first aid. The father of the complainant due to injuries on the head was unconscious. The cause of grudge was dispute over the fields.