KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kartar Singh, present appellant, along with his son Harvinder Singh and Karamjit Singh, were named as accused in case FIR No. 87 dated 11.5.1994, registered at Police Station Jagraon, under Section 307/34 IPC. During the course of trial, Karamjit Singh died. Co- accused Harvinder Singh was acquitted by the trial Court. The appellant was found guilty of offence under Section 307 read with Section 34 IPC. He was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 5,000/-. In default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) Aggrieved against conviction and sentence, the present appeal has been filed against the judgment rendered by the Additional Sessions Judge, Ludhiana, on 19.7.1999.

(3.) In the present case, Amar Singh, Assistant Sub Inspector, on receipt of wireless message, was going to Dayanand Medical College, Ludhiana, when at Jhansi Chowk, he met complainant Sohan Singh. Sohan Singh made statement Ex. PA before Amar Singh, Assistant Sub Inspector, at 5.45 P.M. Sohan Singh stated that he was working as Teacher in Government High School in village Gagra. He was blessed with two sons and one daughter. His elder son was employed in Police Department and younger son Harminder Singh was working on a photostat machine in the Teshil Complex. On 10.5.1994 at about 11.30 P.M., Kartar Singh, his son Harvinder Singh and Karamjit Singh, after consuming liquor, were singing obscene songs. The complainant and his son Harminder Singh restrained the accused but all the three accused started giving abuses. Complainant party advised them to refrain. At that time, Kartar Singh and his son Harvinder Singh caught hold of Harminder Singh, son of the complainant, from his arms. Kartar Singh raised a lalkara, upon which Karamjit Singh gave a knife blow in the abdomen of Harminder Singh. Harminder Singh fell down. On the noise raised by the complainant, all the three accused decamped from the spot. Kamaljit Singh son of Atma Singh was attracted at the spot. He along with complainant took Harminder Singh to Civil Hospital, Jagraon, from where he was referred to Ludhiana. The complainant brought his son to Dayanand Medical College, Ludhiana, where treatment was provided to Harminder Singh and complainant came to lodge the report when police party met him in the way.