RAKA AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 12.1.2009 of the learned Additional Sessions Judge, Patiala whereby he convicted Raka son of Sajjan Singh, Kishore son of Sajjan Singh, Bala son of Sajjan Singh, Lakhan son of Karan Singh and Banaras son of Isri under Sections 302/148/149/460/411 I.P.C. and sentenced them to undergo various terms of sentences.

(2.) The case of the prosecution is unfolded by the statement Ex.PD of Malik Singh given to ASI Amarjit Singh. Malik Singh stated that he is a resident of Village Chauhath. The house of Hazur Singh son of Inder Singh is adjoining his house. On 30.5.2003 at about 2 a.m. his wife Davinder Kaur told him that there were loud voices coming from the house of Hazur Singh. Malik Singh along with Santokh Singh son of Sardara Singh went to the house of Jagga Singh alias Jagjit Singh son of Hazur Singh. The door was locked. Jagjit Singh shouted that the door should be opened. Jaswinder Kaur sister-in-law of Jagjit Singh opened the door and Jaskaran Singh nephew of Jagjit Singh fell down when he opened the door, as he had received injuries on his head and forehead and blood was oozing out from his injuries. He became unconscious. On entering inside the house, complainant saw that Jaswinder Kaur had also received injuries and Paramjit Kaur daughter of Balbir Singh was lying on a cot in an unconscious condition and blood was oozing from her forehead. Hazur Singh was also lying on a cot in an unconscious condition. The doors of the kitchen and drawing room were found open. Household articles were lying scattered. They arranged for a vehicle and sent Hazur Singh, Jaswinder Kaur, Paramjit Kaur and Jaskaran to Rajindra Hospital, Patiala. Some unknown person had entered the house and caused injuries to Hazur Singh, Jaskaran Singh, Paramjit Kaur and Jaswinder Kaur. Some articles were stolen. Police was informed on telephone. On the basis of statement of Malik Singh F.I.R. Ex.PD/2 was registered on 30.5.2003 at 5.55 a.m. and the special report reached the J.M.I.C., Patiala on the same day at 11.10 a.m.

(3.) The prosecution to prove its case, brought into the witness-box Dr. Rajinder Singh PW-1, Dr. Bharti Tanwar PW-2, Malik Singh PW-3, Angrej Singh PW-4, Jaskaran Singh PW-5, ASI Balbir Singh PW-6, Jaswinder Kaur PW-7, Paramjit Kaur PW-8, Constable Narinder Singh PW-9, Pardaman Bhalla PW-10, MHC Harminder Singh PW-11, HC Chajju Singh PW-12, Dr. S.S. Oberoi PW-13, Constable Bhagwant Singh PW-14, Dr. G.S. Sidhu PW-1, SI Amarjit Singh PW-16, Indresh Khanna Draftsman PW-17 and Dr.Navdeep Walia PW-18.