LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 1147 SB of 2006 filed by Lakhbir Singh Criminal Appeal No. 1264 SB of 2006 moved by accused Inder Singh having arisen out of the judgment/order of sentence dated 29.5.2006 passed by the court of learned Additional Sessions Judge, Jalandhar whereby he convicted and sentenced the accused Lakhbir Singh to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 2000/- under Section 307 read with Section 34 of IPC and in default of payment of fine to further undergo rigorous imprisonment for three months and also sentenced him to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 5000/- under Section 325 of IPC and in default of payment of fine to further undergo rigorous imprisonment for 6 months and also convicted and sentenced the accused Inderjit Singh to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 10,000/- under Section 307 of IPC and in default of payment of fine to further undergo rigorous imprisonment for one year and also sentenced him to undergo rigorous imprionsment for 2 years and to pay a fine of Rs. 2000/- under Section 325 read with Section 34 of IPC and in default of payment of fine to further undergo rigorous imprisonment for 3 months and acquitted their co-accused Dalbir Singh, Rajwinder Singh and Danial alias Labha.

(2.) The factual score records that on 8.9.2000 at about 8.30 a.m. Iqbal Singh went near Gurdwara on the call of his paternal uncle Dilbagh Singh who had sold one Marla of land to Mohinderjit Kaur wife of Debi. They were laying foundations there. Narinder Pal son of Dilbagh Singh was also present there. Meanwhile, Inderjit Singh, Lakhbir Singh, Dilbagh Singh armed with gandasi each, Rajwinder Singh armed with dang alongwith three/four unknown persons who were armed with sticks came over there in Tata Sumo bearing registration No. HR-01-E-2010. Soon after descending from the vehicle, Inderjit Singh raised 'lalkara' that Iqbal Singh be taught a lesson for getting the land partitioned. Simultaneously, he delivered gandasi blow hitting Iqbal Singh on the left side of his head. Dalbir Singh wielded his gandasi from its reverse side. To ward off the blow, Iqbal Singh raised his left hand and the blow rested on the fingers of his left hand. Iqbal Singh fell down on the ground. Rajwinder Singh gave a dang blow on the person of Iqbal Singh. Lakhbir Singh delivered gandasi blows on the backside of the legs and arms of Iqbal Singh, when he lay fallen on the ground. The unknown persons also inflicted injuries with their respective weapons. In the meantime, Surinder Kaur wife of Iqbal Singh came at the spot. She physically intervened to save her husband. Lakhbir Singh dealt gandasi blow, which hit from its reverse side which fell on her right arm. Rajwinder Singh gave dang blow hitting her on her left wrist. The unknown persons too caused injuries on her person. On being raised alarm by Iqbal Singh injured, Narinderpal Singh was attracted to the place of occurrence. He rescued Iqbal Singh. Inderjit Singh and his son Dalbir Singh inflicted injuries with their gandasis from their reverse side on the person of Narinder Pal Singh. Surinder Kaur on receipt of injuries also fell on the ground. Dalbir Singh snatched her golden ear rings and golden chain. Thereafter, all the accused persons decamped from the spot with their respective weapons. On the basis of the statement of Iqbal Singh, the case was registered. The accused were arrested in due course. After completion of investigation, the charge-sheet was laid in the court of learned Additional Chief Judicial Magistrate, Jalandhar who committed the case to the court of Sessions for trial of the accused.

(3.) On commitment, the accused Inderjit Singh, Lakhbir Singh, Dalbir Singh, Rajwinder Singh, Danial alias Labha were charged under Sections 307/325/323/506/148 read with Section 149 of IPC to which they did not plead guilty and claimed trial.