JAGIR SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, alongwith Charan Singh, were named as accused for causing injuries to Hardyal Singh on 9.3.1987. On the basis of statement made by Hardyal Singh injured, FIR No. 167 dated 12.3.1987 was registered at Police Station Sadar, Amritsar for offences under Sections 307/326/324/34 IPC. After completion of the investigation and presentation of final report under Section 173 Cr.P.C., the Ilaqa Magistrate committed the case to the Court of Sessions. After commitment of the case, accused Charan Singh died. The appellants were then charged for offences under Sections 307/326/324/34 IPC to which they pleaded not guilty and claimed trial.

(2.) After hearing learned Counsel for the parties and perusing the evidence brought on the record by the prosecution as well as by the defence, learned Additional Sessions Judge, Amritsar held that the prosecution had been able to prove its case against the appellants for offence under Section 326 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for one year each. Jagir Singh-appellant was also held guilty under Section 324 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-or in default of payment of fine, to undergo further rigorous imprisonment for three months, whereas Baldev Singh-appellant was held guilty under Section 324/34 IPC and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-or in default of payment of fine, to undergo further rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently.

(3.) The aforementioned judgment of conviction and sentence passed by learned Additional Sessions Judge, Amritsar on 19.12.1992 has been challenged by the appellants in the present appeal.