PREM SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prem Singh and Kala Singh sons of Babu Singh accused-appellants (herein referred as 'the accused') were prosecuted for the offences under Sections 307, 323, 324, 326 read with Section 34 of the Indian Penal Code for causing injuries to Gurmel Singh, his wife Amro @ Amar Kaur and his son Amrik Singh and ultimately vide judgment dated 17.07.2002, passed by Addl. Sessions Judge, Sangrur, they were convicted and sentenced as under: <FRM>JUDGEMENT_300_LAWS(P&H)2_2010.htm</FRM>

(2.) The brief resume of facts is that the complainant Gurmel Singh (herein referred as 'the complainant') and his family so as the accused are residents of village Khadial and are adjoining owners. The accused persons had been claiming the wall between both the houses as joint of the parties whereas the complainant was claiming its own ownership.

(3.) On 02.12.2000 at about 8:00 a.m., both the accused came out of their house and started raising noise. At this, the complainant, his wife Amro and son Amrik Singh (herein referred as the 'complainant party') also came out whereupon accused Prem Singh told that the wall on which the complainant has placed the bricks is joint, whereas the complainant objected saying that it was their exclusive ownership and the matter could be taken to the Panchayat. In the meantime, Prem Singh accused inflicted a gandasa blow on the head of Amrik Singh whereupon latter became unconscious. The accused Prem Singh inflicted another gandasa blow chopping off the left thumb of the complainant. Again Prem Singh inflicted another gandasa blow hitting on the left side of the head of the complainant. Kala Singh also inflicted a stick blow hitting the right hand of the complainant. When Amro wife of complainant interfered, Kala Singh accused inflicted three successive stick blows upon her. Prem Singh also inflicted gandasa blow hitting on the left hand of Amro @ Amar Kaur. On raising hue and cry "marta-marta" Kishan Singh, brother of the complainant, arrived at the spot and also witnessed the occurrence. At this, both the accused fled away with their respective weapons. All the three injured were shifted to Civil Hospital, Sunam and were admitted there at 10:00 a.m. Consequently, they were medico legally examined. The injured were not in a fit condition to make the statement on 02.12.2001. However, complainant became conscious 03.12.2001. ASI Sunil Kumar after getting the fitness certificate of complainant, recorded his statement, sent the same to the police station on the basis of which FIR was recorded by ASI Surjit Singh. The Investigating Officer recorded the statements of Amrik Singh and Amro, collected the M.L.Rs of the injured, arrested the accused and got recovered the weapons of offence. On completion of investigation, the report under Section 173 Cr.P.C. was presented in the Court.