SUCHA SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have filed the present appeal against the judgment and order dated 1.9.1999 passed by Additional Sessions Judge, Ludhiana, whereby they were convicted and sentenced, as mentioned below: <FRM>JUDGEMENT_267_LAWS(P&H)3_2010.htm</FRM>

(2.) All the sentences were ordered to run concurrently.

(3.) The facts giving rise to the present case are that on 18.12.1992 at about 10.00 a.m., complainant-Swaran Singh alongwith his father Kaka Singh and one Jaggar Singh was standing in the abadi and talking to each other. In the meantime, Mohinder Kaur wife of Jaggar Singh came there for throwing the garbage in the shamlat plot where accused Sucha Singh son of Modan Singh and his son Hardip Singh were also standing. Both of them were armed with soties. They tried to stop Mohinder Kaur from throwing the garbage in the pit but she told them that she had been throwing the garbage there for the last 20 years. Both Sucha Singh son of Modan Singh and Hardip Singh claimed that the pit was owned by them. Both of them caused soti blows on the person of Mohinder Kaur. They also raised lalkara exhorting their companions to reach the spot pursuant to which Sucha Singh son of Harnam Singh armed with a dah, Jagrup Singh with a kahi and Gurjit Singh with an iron pipe reached there. When the complainant and others tried to stop the accused and told them not to indulge in high handedness, Jagrup Singh gave two kahi blows on the left side of the face of Kaka Singh while Sucha Singh used reverse side of the dah for inflicting injury on the head of Kaka Singh. Gurjit Singh gave an iron pipe blow on the left leg of complainant-Swaran Singh. All the accused caused more injuries. Jaggar Singh kept on raising alarm telling the accused not to cause injuries. All the accused, thereafter, left the place while carrying their respective weapons. The villagers then removed the injured to Civil Hospital, Samrala where complainant-Swaran Singh and Mohinder Kaur were admitted while Kaka Singh was referred to Ludhiana.